Neutral Citation No. - 2025:AHC-LKO:18935 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2078 of 2025 Applicant :- Mohd. Suleman Husain @ Suleman Husain Opposite Party :- State Of U.P. Thru. Principal Secy. Home Lko And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. The present application has been filed under Section 482 Cr.P.C (now Section 528 B.N.S.S) with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 10.04.2020 vide Case Crime no.116/2020 Under Section 429 IPC and Section 9/51 Wild Life (Protection) Act, Police Station Kurwar, District Sultanpur and the order of cognizance and summoning order dated 19.08.2020 passed by/pending in the court of learned Additional Chief Judicial Magistrate, Court No.21, Sultanpur in Crl. Case No.1413/2023 "State Vs. Suleman" and entire proceedings of the case passed in pursuance thereof." 2. Learned counsel for the applicant has submitted that an FIR dated 23.03.2020 has been lodged by one Sub Inspector- Shri Ramji Jaiswal against the applicant alleging therein that while he was on general round of his area on 23.03.2020, he had received an information from his informer, who had informed that on 22.03.2020, the applicant, who is hunter by nature and by his Air Gun, killed a monkey and thrown his body near the Idgah. 3. It is further submitted that in the said case, the chargesheet has been filed against the applicant under Section 429 of IPC and Section 9/51 of Wild Life (Protection) Act, 1972. It is further submitted that the concerned court without application of mind and going through the record i.e. the statements and the documents filed alongwith the chargesheet has taken the cognizance as the post mortem report and the statement of the Doctor, who conducted the post mortem of the monkey were filed alongwith the chargesheet. In the post mortem report, there is no whisper of any gunshot injury. The cause of death is some internal injury and excessive bleeding and the Doctor who had conducted the post mortem has also given his statement under Section 161 Cr.P.C. that there was no gunshot injury found on the body of the monkey. Secondly, the cognizance taken by the Magistrate is without jurisdiction as per Section 55 of the Wild Life (Protection) Act, 1972. For convenience, Section 55 is quoted here-in-below:- "55. Cognizance of offences. - No Court shall take cognizance of any offence against this Act except on the complaint of any person other than- (a) The Director of Wild Life Preservation or any other officer authorized in this behalf by the Central Government; or (aa) Member-Secretary, Central Zoo Authority in matters relating to violation of the provisions of Chapter IV-A; or (ab) Member-Secretary, Tiger Conservation Authority; or (ac) Director of the concerned tiger reserve; or (ad) The Management Authority or any officer, including an officer of the Wild Life Crime Control Bureau, authorised in this behalf by the Central Government; or (b) The Chief Wild Life Warden, or any other officer authorized in this behalf by the State Government subject to such conditions as may be specified by that Government; or (bb) The officer-in-charge of the zoo in respect of violation of provisions of section 38-J; or (c) Any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint to the Central Government or the State Government or the officer authorized as aforesaid." 4. On the other hand learned A.G.A. has submitted that the chargesheet has been filed against the applicant and from the perusal of the same the offence is made out against the applicant so there is no illegality in the order passed by the court concerned but unable to dispute the submission made by the learned counsel for the applicant particularly with regard to the cause of death of the monkey and Section 55 of the Wild Life (Protection) Act, 1972. 5. It is an undisputed case between the parties that no complaint was filed by any of the officials who are empowered to make complaint under Section 55 of the Wild Life (Protection) Act, 1972. Hence, the cognizance of the offences taken by the court is without jurisdiction. There is no material before the concerned court to take cognizance under Section 429 which deals with mischief by killing or maiming cattle etc. as there was no material before the Investigating Officer during the investigation and at the time of filing of the chargesheet that the applicant had killed the monkey by his Air Gun as there was no injury of any gunshot upon the monkey in the post mortem report nor in the statement of the Doctor during the investigation who conducted the post mortem of the monkey who has deposed that there is no gunshot injury upon the body of the monkey, so no offence is made out under Section 429 as well. 6. As per Section 55 of the Wild Life (Protection) Act, 1972, wherein, it is specifically provided that no court shall take cognizance of any offence against this Act except on the complaint of any person other than the Director of Wild Life Preservation or any other officer authorized in this behalf by the Central Government; Member-Secretary, Central Zoo Authority in matters relating to violation of provisions of Chapter IV-A; Member-Secretary, Tiger Conservation Authority; Director of concerned Tiger Reserve; The Management Authority or any officer, including an officer of Wild Life Crime Control Bureau; The Chief Wild Life Warden or any other Officer authorized; the officer in-charge of the Zoo in respect of the violation of provisions of Section 38-J, in this none of the above noted person had filed/ lodged the complaint against the applicant. 7. In view of above, the instant application is allowed. Consequently, the impugned chargesheet dated 10.04.2020 in Case Crime No.116 of 2020 under Section 429 IPC and Section 9/51 Wild Life (Protection) Act, 1972, Police Station - Kurwar, District - Sultanpur including the summoning order dated 19.08.2020 passed by Additional Chief Judicial Magistrate, Court No.21, Sultanpur in Crl. Case No.1413/2023 "State Vs. Suleman" and the entire proceedings of the case are hereby quashed. Order Date :- 4.4.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench