Neutral Citation No. - 2025:AHC-LKO:10321 Court No. - 18 Case :- APPLICATION U/S 482 No. - 1331 of 2025 Applicant :- Tauheed Alam Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Akanksha,Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 05.01.2024, cognizance/summoning order dated 29.03.2024 and proceedings of Case No. 5262 of 2024 (State Vs. Tauheed Alam) arising out of Case Crime No. 810 of 2023, under Sections 9/39/48A/49B of the Wild Life (Protection) Act, 1972, Police Station Kotwali Nagar, District Pratapgarh pending in the court of Chief Judicial Magistrate, Pratapgarh. The issue involved in the matter lies in a very narrow compass. The main substratum of argument of learned counsel for the applicant is that vide impugned summoning order dated 29.03.2024, the applicant has been summoned under Sections 9/39/48A/49B of the Wild Life (Protection) Act, 1972 to face trial, whereas the Magistrate concerned was not empowered to take cognizance on the police report for the alleged offence under Sections 9/39/48A/49B of the Wild Life (Protection) Act, 1972 because with regard to it, there is a procedure for filing complaint. Per contra, learned Additional Government Advocate for the State opposed the said submission of learned counsel for the applicant by contending that if the act of accused makes out a cognizable offence under Sections 9/39/48A/49B of the Wild Life (Protection) Act, 1972, registration of F.I.R. under the enactment is not illegal as there is no bar to investigate the matter by the police when cognizable offence has taken place irrespective of penal provisions whether under the special enactment or general law, but does not dispute that in view of Section 55 of the Wild Life (Protection) Act, 1972, the applicant cannot be prosecuted under Sections 9/39/48A/49B of the Wild Life (Protection) Act, 1972 on the police report. Having heard learned counsel for the parties, I find that pure legal question is involved in the matter, therefore, no useful purpose would be served in keeping this application pending before this Court and the same is being disposed of with the consent of the counsel for the parties at the admission stage itself. Having examined the matter in its entirety, this Court is of the view that when there is a conflict between a special and general law, indisputably the special enactment shall prevail over the general law, therefore, on account of categorical bar under Section 55 of the Wild Life (Protection) Act, 1972, the police officer cannot submit police report under Section 173 Cr.PC with regard to offence under the Wild Life (Protection) Act, 1972. The issue in this regard has been settled by the Apex Court in the matter of (NCT of Delhi) Vs. Sanjay, (2014) 9 SCC 772 as well as by this Court in the case of Imran and others Vs. State of U.P. and another, (2020) 3 All LJ 21. In the light of law laid down in the aforesaid judgments this Court is of the opinion that so far as cognizance taken for the offence under Sections 9/39/48A/49B of the Wild Life (Protection) Act, 1972 on the impugned charge-sheet dated 05.01.2024 is concerned, the same is not liable to be sustained in the eyes of law on account of categorical bar contained in Section 55 of the Wild Life (Protection) Act, 1972. Accordingly, cognizance/summoning order dated 29.03.2024 pursuant to charge-sheet dated 05.01.2024 for the offence under Sections 9/39/48A/49B of the Wild Life (Protection) Act, 1972 against the applicant is hereby quashed. The matter is remanded with a direction to the concerned court below to pass fresh order treating the charge-sheet dated 05.01.2024 as a complaint against the applicant under Sections 9/39/48A/49B of the Wild Life (Protection) Act, 1972 and the procedure prescribed for hearing of the complaint case shall be followed by the court concerned before summoning the applicants. With the aforesaid observations, this application under Section 482 Cr.P.C. stands disposed of. Office is directed to communicate the copy of this order to the concerned trial Court within a week. Order Date :- 18.2.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench