Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Sunil Kumar Singh, learned counsel for the petitioners, Sri Arunendra, learned A.G.A. for the State-respondents and perused the material brought on record.
This writ petition has been filed by the petitioners- Ekram, Noor Mohammad, Tika Ram, Jiyauddin with a prayer to issue a writ, order or direction in the nature of certioari to quash the impugned range Case No.06 of 2021-2022 dated 07.07.2021, under Sections 9/51 (1C), 48A/51 (1C), 49B/51 (1C) of Wild Life (Protection) Act, 1872 and Section 26 of Indian Forest Act, 1927, Range Paliya, District Lakhimpur Kheri with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents to not to arrest the petitioners in pursuance of the impugned Range Case.
It has been argued by learned counsel for petitioners that name of the petitioners have come into light in the confessional statement of co-accused Ram Kumar @ Lalla, who was arrested on the spot. He further submits that earlier a Range Case No.15 of 2012-2013 was registered against the co-accused Ram Kumar @ Lalla in which the charge-sheet has also been submitted on 25.07.2012 against him and other accused persons, a copy of the same is annexed as Annexure Nos.6 and 7 to the writ petition. In the said case, name of the petitioners were not disclosed by the accused persons. He further submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, the impugned range case dated 07.07.2021 is liable to be quashed.
Learned A.G.A., on the other hand, opposed the submissions advanced by learned counsel for petitioners and submitted that the petitioners are named in the F.I.R. He further submits that there are serious allegations levelled against the petitioners that they used to hunt the tiger illegally and used to sell their body parts. He further submits that alleged offence is serious in nature and petitioners' involvement in the present crime cannot be ruled out. He further submits that impugned range case dated 07.07.2021 discloses a cognizable offence against the petitioners, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned range case dated 07.07.2021, which shows that cognizable offence is made out against the petitioners, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the impugned range case dated 07.07.2021 or for grant of any interim relief to the petitioners.
The petition lacks merit and is, accordingly, dismissed.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 16.8.2021/Shubhankar