Case Note & Summary
The present application was filed by two forest beat guards, Pravinbhai Karsanbhai Vala and another, seeking quashment of FIR I-C.R. No.1 of 2017 registered with Mendarda Police Station, District Junagadh, for offences under Sections 323, 324, 506(2) and 114 of the Indian Penal Code. The applicants were serving as Beat Guards (Class-III) at Kadeli Beat and Pidipat-I Beat of Sasan Gir Sanctuary and National Park for about six years prior to the lodging of the FIR. On 13.01.2016, while on duty, they intercepted an illegal entry into the restricted forest area by the complainant. During the course of restraining the complainant, a quarrel ensued, and it was alleged that an assault was committed using an axe. The incident resulted in the registration of the impugned FIR. The learned advocate for the applicants submitted that since the complainant had entered a restricted forest area, a forest offence was registered under Section 26(1) of the Wildlife (Protection) Act, 1972 against the complainant. The applicants were performing their official duty of preventing illegal entry, and the alleged assault was part of that duty. It was further submitted that no independent witnesses supported the complainant's version, and the FIR was motivated. The learned advocate for the complainant opposed the quashing, but the court noted that the acts were done in discharge of official duty and no sanction under Section 197 CrPC was obtained. The court held that continuing the proceedings would be an abuse of process of law and quashed the FIR.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Protection of Public Servants - FIR against forest beat guards for offences under Sections 323, 324, 506(2) and 114 IPC quashed as the alleged acts were committed while discharging official duty of preventing illegal entry into restricted forest area - Court held that continuation of proceedings would be abuse of process of law, especially when no independent witnesses supported the complainant's version and a cross-case for forest offence was registered (Paras 1-7). B) Wildlife Protection - Forest Offence - Section 26(1) Wildlife (Protection) Act, 1972 - Complainant entered restricted forest area and a forest offence was registered against him - The beat guards acted within their authority to prevent such entry - Held that the alleged assault was part of official duty and no sanction under Section 197 CrPC was obtained, making the FIR liable to be quashed (Paras 2-6).
Issue of Consideration
Whether the FIR against forest beat guards for alleged assault during interception of illegal entry into restricted forest area can be quashed on the ground that the acts were done in discharge of official duty and no sanction under Section 197 CrPC was obtained.
Final Decision
The FIR I-C.R. No.1 of 2017 registered with Mendarda Police Station, District Junagadh, for offences under Sections 323, 324, 506(2) and 114 of the Indian Penal Code is quashed and set aside. The application is allowed.
Law Points
- Protection of public servants acting in discharge of official duty
- Requirement of sanction under Section 197 CrPC
- Quashing of FIR when allegations are motivated and lack independent witnesses
- Applicability of Wildlife (Protection) Act
- 1972
