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| HC refuse to quash FIR against national level shooter | | | Early Times Report
JAMMU, Feb 12: Justice MA Chowdhary refuse to quash FIR against national level shooter Arjun Balraj Mehta who was booked by the LEH police station for commission of offences punishable under Section 08/51 of Wildlife Protection Act, and Sections 07/27 of Arms Act.
The petitioner has challenged the impugned FIR No. 15/2016 registered at Police Station Leh for commission of offences therein and sought quashment thereof on the ground that the allegations in the impugned FIR are so absurd and inherently improbable; that no prudent person can ever reach at just conclusion that there is sufficient ground for proceeding against him; that he has never killed and never attempted to hunt any wild animal; that in view of the observation made by learned Chief Judicial Magistrate, Leh in his order 20.04.2016, granted bail in his favour that the accused had not violated the provisions of Wildlife Act, as such, no offence is made out against him; that no dead animal or meat of animal had been recovered by the Police and that FIR has been registered about four years back and since then the matter is still at the investigation stage as there was no substance in the impugned FIR and is being used just as a tool of harassment to him.
Justice MA Chowdhary after hearing Adv Ankur Sharma for the petitioner whereas DSGI Vishal Sharma for the UT of Leh, observed that the contention of counsel for the petitioner that the dead or remains of the animal killed had not been recovered or seized makes no sense, as even an attempt to kill is also an offence and otherwise also, this shall be a factual matter to be considered during the trial. So far as the plea for cognizance raised is concerned that also seems to be premature in view of the fact that the charge-sheet is yet to be laid before the competent court of law and the petitioner shall have every right to raise all those pleas including that of cognizance before that Court. On consideration of the matter on all its fours, there is no merit in the case, the petition, being misconceived, is liable to be rejected. Viewed thus, the petition is dismissed. Interim direction, if any, shall stand vacated, Court ordered. |
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