Case Note & Summary
The applicants, who were members of Sindhu Education Society, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging an order dated 3rd June 2011 passed by the Judicial Magistrate First Class, Nagpur, taking cognizance of offences under the Wildlife (Protection) Act, 1972 (the Act). The complaint was filed by the Range Forest Officer-cum-Assistant Wildlife Conservator, alleging that the applicants had violated provisions of the Act. The applicants contended that the proceedings were initiated without obtaining the mandatory sanction under Section 55 of the Act, which requires that no court shall take cognizance of any offence under the Act except on the complaint of the Chief Wildlife Warden or other authorized officer, and that such complaint must be made with the previous sanction of the State Government or the Chief Wildlife Warden. The court examined the provisions of Section 55 of the Act and noted that the requirement of sanction is a condition precedent for taking cognizance. The court found that the complaint did not disclose any such sanction having been obtained. The court held that the absence of sanction renders the proceedings void ab initio and that the inherent powers under Section 482 CrPC can be invoked to quash such proceedings to prevent abuse of process of court. The court allowed the application and quashed the criminal proceedings against the applicants.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC - Mandatory Sanction - Proceedings under Wildlife (Protection) Act, 1972 initiated without prior sanction under Section 55 of the Act are void ab initio and liable to be quashed - Held that the requirement of sanction under Section 55 is a condition precedent for taking cognizance, and its absence vitiates the entire prosecution (Paras 1-10).
Issue of Consideration
Whether criminal proceedings initiated under the Wildlife (Protection) Act, 1972 without obtaining prior sanction under Section 55 of the said Act are maintainable and liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973.
Final Decision
Application allowed. The order dated 3rd June 2011 passed by the Judicial Magistrate First Class, Nagpur and the criminal proceedings arising therefrom are quashed and set aside.
Law Points
- Mandatory sanction under Section 55 of Wildlife (Protection) Act
- 1972 is a condition precedent for taking cognizance of offences under the Act
- absence of sanction renders proceedings void ab initio
- inherent powers under Section 482 CrPC can be invoked to quash such proceedings
Case Details
2017 LawText (BOM) (10) 135
Criminal Application [APL] No. 360 of 2011
Mr. A. A. Naik for applicants, Mr. R. S. Nayak Addl. Public Prosecutor for non-applicant no.1
Deepak Bajaj, Smt. Veena D. Bajaj, Tekchand Gyanchandani, Pratap Bajaj, Sureshkumar Tanwani, H. G. Rajpal, Kishin L. Bajaj, Kubchand Pritmani, Smt. Jyoti Duhilani, Smt. Rajkumari Meghrajani, Smt. Sawitri Mamtani, Kushaldas Bajaj
The State of Maharashtra, Shri Pramod Paresh Bhaghandani, Chief Wildlife Warden & Chief Conservator of Forests [Wildlife]
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of proceedings under Wildlife (Protection) Act, 1972
Remedy Sought
Quashing of order dated 3rd June 2011 taking cognizance of offences under the Wildlife (Protection) Act, 1972
Filing Reason
Proceedings initiated without mandatory sanction under Section 55 of the Wildlife (Protection) Act, 1972
Previous Decisions
Order dated 3rd June 2011 by Judicial Magistrate First Class, Nagpur taking cognizance of offences
Issues
Whether criminal proceedings under the Wildlife (Protection) Act, 1972 can be initiated without prior sanction under Section 55 of the Act.
Whether the absence of such sanction renders the proceedings void ab initio and liable to be quashed under Section 482 CrPC.
Submissions/Arguments
Applicants argued that no sanction under Section 55 of the Wildlife (Protection) Act, 1972 was obtained before filing the complaint, making the proceedings void.
Respondent State argued that the proceedings were validly initiated.
Ratio Decidendi
The requirement of sanction under Section 55 of the Wildlife (Protection) Act, 1972 is a condition precedent for taking cognizance of any offence under the Act. In the absence of such sanction, the proceedings are void ab initio and can be quashed under Section 482 CrPC to prevent abuse of process of court.
Judgment Excerpts
This application has been filed under Section 482 of the Criminal Procedure Code, 1973, challenging the order dated 3rd June, 2011 by which the learned Judicial Magistrate First Class, Court, took cognizance of the offences under the Wildlife (Protection) Act, 1972.
The requirement of sanction under Section 55 of the Act is a condition precedent for taking cognizance of any offence under the Act. In the absence of such sanction, the proceedings are void ab initio.
Procedural History
The applicants filed an application under Section 482 CrPC before the High Court of Bombay at Nagpur Bench challenging the order dated 3rd June 2011 passed by the Judicial Magistrate First Class, Nagpur, taking cognizance of offences under the Wildlife (Protection) Act, 1972. The High Court heard the matter and delivered judgment on 4th October 2017.
Acts & Sections
- Wildlife (Protection) Act, 1972: 9, 39, 44, 49B, 50, 51, 52, 55
- Code of Criminal Procedure, 1973: 482
