Uttarakhand High Court
C482/826/2019 on 30 May, 2019
Author: R.C. Khulbe
Bench: R.C. Khulbe
C-482 No. 826 of 2019 Hon'ble R.C. Khulbe, J.
Mr. Nalin Saun, learned Counsel for the applicants.
Mr. J.S. Virk, learned A.G.A. assisted by Ms. Siwali Joshi, learned Brief Holder for the State/respondents.
This application has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C') by the applicants for quashing the impugned summoning order dated 04.02.2019 issued by the learned Chief Judicial Magistrate, Dehradun, District Dehradun in Criminal Complaint Case No. 661 of 2019, DFO vs. Trepan Singh and another, under Sections 9/51-1 (C) Wild Life (Protection) Act 1972 (Amended 2006).
It is argued by learned counsel for the applicants that on 20.03.2018 at about 4:30 AM on railway track falling under the Kansro Range Rajaji Tiger Reserve, the patrolling team of forest department saw a group of elephants and at that time Nanda Devi Express (AC Special) Train was coming towards Dehradun from Raiwala side on which the patrolling team of forest department gave signal through Torch but the Loco Pilot (Drivers of train) ignored the signal and did not decrease the speed of train due to which one of the elephant dashed with train and died.
It is argued by learned counsel for the State that due to negligent driving of the driver of the train the elephant died, the offence is serious in nature.
Heard.
Admit.
Learned counsel for the State prays for and is granted four weeks' time to file counter affidavit.
List thereafter.
In the meantime, the further proceedings of impugned summoning order dated 04.02.2019 issued by the learned Chief Judicial Magistrate, Dehradun, District Dehradun in Criminal Complaint Case No. 661 of 2019, DFO vs. Trepan Singh and another, under Sections 9/51-1 (C) Wild Life (Protection) Act 1972 (Amended 2006) shall remain stayed till the next date of hearing.
(R.C. Khulbe, J.) 30.05.2019 Balwant