THOMAS MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed seeking to quash Form-2 Report/complaint and all further proceedings initiated against the petitioners in CC No.1061/2021 pending on the files of Judicial First Class Magistrate Court-II, Punalur. Copy of Form-2 Report/complaint is produced alongwith the petition on hand as Annexure 13.

(2.) First petitioner is the registered owner of a Mahindra Jeep bearing registration No.KL-01-AA-4542 and the second petitioner is his wife. They were implicated as accused Nos.4 and 5 in OR No.1/2020 of Shenduruney Wildlife Sanctuary. The offences allegedly committed by them are those punishable under Ss. 2(1), 2(16), (a), (b), (c), 9, 27, 31, 32, 39, 50, 51 and 57 of the Wild Life (Protection Act), 1972 (for short 'the Act'). Accused No.1 is an employee of the estate situated near to the estate owned by the petitioners herein and accused 2 and 3 are the employees of the petitioners herein.

(3.) The allegation of the prosecution was that the accused 1 to 3 hunted a peafowl (Pavo Cristatus) from Shenduruney Wildlife Sanctuary, cooked and consumed it. Peafowl being an animal included in Part III of Schedule I of the Act, arraigning the persons responsible for hunting, cooking and consuming it, O.R. No.1/2020 was registered against them.