- 1 - NC: 2025:KHC:15298 WP No. 19494 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 19494 OF 2023 (GM-RES) BETWEEN: 1. BINU CHACKO S/O M. C. ACHAKUNJHI AGED ABOUT 40 YEARS, BINU BHAVAN, NELYADI, DAKSHINA KANNDA - 574 229. 2. NAVEENA C/O VISHWANATHA AGED ABOUT 25 YEARS, 3-167, MANNAGUNDI HOUSE, KOWKRADI VILLAGE, NELLIYADI POST, KADABA TALUK, DAKSHINA KANNADA - 574 229. 3. DINESH C/O NAKKURA, AGED ABOUT 32 YEARS, 3-170, BHUTALADKA HOUSE, KOWKRADI VILLAGE, NELLIYADI POST, KADABA TALUK, DAKSHINA KANNADA - 574 229. …PETITIONERS (BY SRI. SACHIN B.S., ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:15298 WP No. 19494 of 2023 AND: 1. STATE OF KARNATAKA KADABA POLICE STATION KADABA TALUK DK - 574 229 REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 560 001 …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH FIR IN CRIME NO.75 OF 2023 DATED 24.08.2023 AND ENTIRE FURTHER PROCEEDINGS ON THE FILE OF 2ND ADDL. CIVIL JUDGE AND JMFC COURT, PUTTUR, DAKSHINA KANNADA DISTRICT REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 25 AND 27 OF INDIAN ARMS ACT 1959, AND SECTION 51 OF WILD LIFE (PROTECTION) ACT 1972, AGAINST THE PETITIONERS AS PER ANNEXURE-A AND B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are before this Court in this petition preferred under Section 482 of Cr.P.C., seeking to quash the entire proceedings arising out of Crime No.75/2023 of - 3 - NC: 2025:KHC:15298 WP No. 19494 of 2023 Kadaba Police Station, Dakshina Kannada registered for offences Punishable under Section 25 and 27 of the Indian Arms Act, 1959 and Section 5(1) of the Wild Life Protection Act, 1972. 2. The case of the prosecution is that while on patrolling duty on 22.08.2023 at about 04.00 a.m., the PSI of Kadaba Police Station intercepted a vehicle in which the accused were found in possession of carcasses of the dead animals. Upon drawing the mahazar the said dead animals as well as an unlicensed gun and one live bullet along with the vehicle bearing registration No.KA-21-N- 2719 were seized. 3. Accused were arrested and later released on bail by the learned Magistrate. 4. The incident is on 22.8.2023. The material on record would reveal that after conducting the mahazar and after the petitioners were released on bail by the Court, FIR was registered against them on 24.08.2023. The fact remains that the PSI lodged a complaint based on which - 4 - NC: 2025:KHC:15298 WP No. 19494 of 2023 aforementioned crime was registered against the petitioners. As per Section 55 of the Wild Life Protection Act, 1972 no court can take cognizance, except on a complaint of the officers mentioned there in. However, in the present case, no such complaint was filed. In a similar circumstance, this Court in Crl.P.No.103457/2022 disposed on 28.11.2022, has quashed the proceedings initiated against petitioners there in. 5. For the above reasons, the entire proceedings is liable to be quashed. Accordingly, the following:- ORDER i) Petition is allowed. ii) The entire proceedings arising out of Crime No.75/2023 of Kadaba Police Staiton, Dakshina Kannada pending on the file of II Additional, Civil Judge and JMFC Court, Puttur, Dakshina Kannada is quashed. - 5 - NC: 2025:KHC:15298 WP No. 19494 of 2023 iii) I.A.No1/2024 and I.A.No.1/2025 are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE BHK LDC List No.: 1 Sl No.: 9