STATE OF BIHAR versus MURAD ALI KHAN, FARUKH SALAUDDIN & VIKRAM SINGH

STATE OF BIHAR versus MURAD ALI KHAN, FARUKH SALAUDDIN & VIKRAM SINGH

Where the statutory scheme (Wild Life Protection Act, 1972) requires cognizance only on the complaint of an authorised officer and not on a police report, section 210(1) Cr.P.C. does not bar the Magistrate from taking cognizance and proceeding with the complaint even if police investigation is pending for the same acts under another law. The High Court erred in quashing proceedings on grounds of alleged want of jurisdiction or merits, as determination of sufficiency of evidence is for trial Magistrate. The same acts may constitute distinct offences under separate statutes, prosecution for which is not barred so long as ingredients are different.

Parties
Appellant: State of Bihar; Respondent: Murad Ali Khan; Respondent: Farukh Salauddin; Respondent: Vikram Singh
Jurisdiction
India
Judgment Date
10 October 1988
Procedural Posture
Criminal Appeals (special Leave) / Supreme Court Decision on Appeal From Patna High Court Quashing Magistrate's Cognizance Order
Outcome
Appeals allowed. Orders of High Court quashing Magistrate’s cognizance are set aside.
Legal Topics
Wildlife Offences, Quashing of Proceedings, Jurisdiction of Magistrate, Powers Under Section 482 Cr.p.c.
Criminal Law Environmental Law Wildlife Offences Quashing of Proceedings Jurisdiction of Magistrate Powers Under Section 482 Cr.p.c.

Case Brief

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Parties

State of Bihar

Appellant

Murad Ali Khan

Respondent

Farukh Salauddin

Respondent

Vikram Singh

Respondent

Procedural Posture

Criminal Appeals (special Leave) / Supreme Court Decision on Appeal From Patna High Court Quashing Magistrate's Cognizance Order

Legal Issues

  1. 1 Whether cognizance of offences under the Wild Life Protection Act, 1972, can be taken by Magistrate during pendency of police investigation for same acts under the IPC and Wild Life Act.
  2. 2 Whether section 210(1) Cr.P.C. is attracted where the Magistrate takes cognizance on complaint for an offence triable under the Wild Life Protection Act, 1972.
  3. 3 Scope of High Court's power under section 482 Cr.P.C. to quash proceedings at cognizance stage.

Ratio Decidendi

Where the statutory scheme (Wild Life Protection Act, 1972) requires cognizance only on the complaint of an authorised officer and not on a police report, section 210(1) Cr.P.C. does not bar the Magistrate from taking cognizance and proceeding with the complaint even if police investigation is pending for the same acts under another law. The High Court erred in quashing proceedings on grounds of alleged want of jurisdiction or merits, as determination of sufficiency of evidence is for trial Magistrate. The same acts may constitute distinct offences under separate statutes, prosecution for which is not barred so long as ingredients are different.

Court Disposition

Appeals allowed. Orders of High Court quashing Magistrate’s cognizance are set aside.

Orders

  • Order dated 1.7.1986 of learned Magistrate taking cognizance and issuing summons to respondents restored.
  • Criminal case initiated on the complaint to proceed in accordance with law.