- 1 - NC: 2025:KHC-D:697 WP No. 106554 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.106554 OF 2024 (GM-RES) BETWEEN: NABISAB PANCHESAB MULLA, S/O. PANJESAB, AGED ABOUT 63 YEARS, R/AT. HUNAGUND TALUK, KODIHAL POST, BAGALKOT DIST-587125. …PETITIONER (BY SRI.MOHAMMED TAHIR CHAND PASHA, SRI. MOHAMMAD SHAREEF AND SRI. SADDAM R.MULLA, ADVOCATES) AND: 1. STATE OF KARNATAKA, (THROUGH CHIKODI POLICE STATION), REPONDENT NO. AND 2, REP BY STATE PUBLIC PROSEUCTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580007. 2. SATISHA S I, PSI OF CHIKKODI POLICE STATON, CHIKKODI POLICE STATION, BELGAVI-591201. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1) (NOTICE TO R2 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASH THE COGNIZANCE ORDER DATED 27/05/2014 PASSED IN CC NO.350/2014 BY THE HON’BLE PRL. CIVIL JUDGE AND JMFC AT CHIKODI AT ANNEXURE-D, FOR THE ALLEGED OFFENSE UNDER B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.22 15:00:49 +0530 - 2 - NC: 2025:KHC-D:697 WP No. 106554 of 2024 SECTION 9,39,40,49(b)(c) AND 51 OF WILD LIFE PROTECTION ACT AND 379 OF IPC, WHEREIN THE PETITIONERS ARE ARRAYED AS ACCUSED NO.8 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused challenges the cognizance taken for the offences punishable under Sections 9, 39, 40, 49B, 49C, and 51 of the Wild Life (Protection) Act, 1972, and Section 379 of the Indian Penal Code, 1860. 2. The case of the prosecution is that, while the second respondent was on duty, he received credible information that some persons were carrying elephant tusks on a motorcycle with the intention of making an unlawful gain. The second respondent and his staff intercepted the motorcycle. Upon interception, the persons involved fled from the spot, and accused No.1, Ravindra Krishnappa Latte, was apprehended. A search revealed that the individuals were carrying elephant tusks unlawfully. During the interrogation of Ravindra Krishnappa, it is alleged that he stated that accused No.8 and others were also involved in selling elephant tusks for unlawful gain. After investigation, the police submitted a charge sheet before the jurisdictional Magistrate, who, upon considering the charge sheet, took cognizance of the aforementioned offences. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1-State. - 3 - NC: 2025:KHC-D:697 WP No. 106554 of 2024 4. Section 55 of the Wild Life (Protection) Act deals with the cognizance of offences under the Act and states that no Court shall take cognizance of any offence against this Act except on a complaint made by the persons enumerated therein. A reading of this provision clearly indicates that cognizance can only be taken upon a written complaint by any person enumerated therein, and not on the basis of a final report submitted by the police. Therefore, the registration of the FIR, culminating in the filing of the charge sheet and taking cognizance of the aforesaid offences, stands vitiated, as the first respondent lacked the authority to investigate and submit the charge sheet for the offences under this Act. As such, the continuation of criminal proceedings for the alleged offences concerning the petitioner/accused No. 8 would amount to an abuse of the process of law. 5. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned criminal proceedings in C.C. No.350/2014 pending on the file of the Principal Civil Judge and JMFC, Chikodi, insofar as it relates to petitioner/accused No.8, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 35