Case Note & Summary
The petitioners, Mannu Kaduba Gavane and Sagar Mannu Gavane, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking quashing of FIR No. 58/2014 registered with Paithan Police Station, District Aurangabad, and the consequential Regular Criminal Case No. 100/2015 pending before the Judicial Magistrate First Class, Paithan. The FIR was lodged by Nandu Sakharam Sonowane, a Police Constable, alleging that on 1st December 2014, upon secret information, a raid was conducted and cooked meat of rabbit (hare) was found, leading to offences under Sections 9, 39, 50 and 51 of the Wild Life (Protection) Act, 1972. The petitioners contended that the complaint was not maintainable as it was not filed by a person authorized under Section 55 of the Act, which bars cognizance of offences except on a complaint by the Director, Chief Wild Life Warden, or other authorized officer. The State opposed the petition, arguing that the Police Constable was acting in discharge of duty. The Court analyzed Section 55 and held that a Police Constable is not an officer authorized under the Act to lodge a complaint. The Court quashed the FIR and the criminal proceedings, allowing the petition.
Headnote
A) Criminal Procedure - Quashing of FIR - Inherent Powers - Article 226 of Constitution of India - The High Court can exercise inherent powers to quash an FIR if the complaint is not filed by a person authorized under the special statute. (Para 2) B) Wildlife Law - Complaint by Unauthorized Person - Section 55 of Wild Life (Protection) Act, 1972 - Section 55 bars cognizance of offences under the Act except on a complaint by the Director, Chief Wild Life Warden, or other authorized officer. A Police Constable is not an authorized officer under the Act. Therefore, the FIR lodged by a Police Constable is not maintainable and is liable to be quashed. (Paras 4-6)
Issue of Consideration
Whether a Police Constable is competent to lodge a complaint under the Wild Life (Protection) Act, 1972, in view of the bar under Section 55 of the said Act.
Final Decision
The Court allowed the petition, quashing FIR No. 58/2014 and Regular Criminal Case No. 100/2015.
Law Points
- Complaint by unauthorized person
- bar under Section 55 of Wild Life (Protection) Act
- 1972
- quashing of FIR
- inherent powers under Article 226 of Constitution of India
