IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39278 of 2009 SHEKH NEK MOHAMMAD, son of Late-Jahir Hussain, resident of village- Kushahar Shekh Toli, P.S.-Kesariya, District-East Champaran. …….Petitioner Versus The State Of Bihar …….Opposite Party ----------- 02. 04.01.2010 For the same offence of shooting a bluebull on 05.09.2007 petitioner and others have been made accused in two cases one filed by one Dinesh Kumar and the other by a forester. Learned counsel for the petitioner submits that in view of Section 55 of the Wild Life(Protection) Act, 1972 the First Investigation Report which has been recorded as Kesariya P.S. Case No. 120 of 2007 would not be maintainable. Section 55 of the Wild Life (Protection) Act, 1972 envisages that the Court shall not take cognizance of any offence against this act on the complaint of any person other than Officers authorized in sub-section (a) & (b) of Section 55 of the Act and also by any person who has given notice of not less than 60 days in the manner prescribed, of the alleged offence showing that he has an intention to make a complaint, to the Central Government or the State Government or the other officers authorized as aforesaid. Learned counsel submits that in this case there is already substantial case instituted against the petitioner 2 which is the case No. 360 of 2007 and as such earlier case instituted is not warranted. This Court in the case of Khursid Anwar versus The State of Bihar reported in BBCJ 183 has held that cognizance can only be taken on the complaint by the authority prescribed. In the said case cognizance has been taken on the basis of a police report which was ultimately quashed by the High Court. At the present moment, the case is at the initial stage and in fact it has not reached the stage where the Court would require to take cognizance. However considering that there is a bar as prescribed under Section 55 of the Wild Life (Protection) Act, 1972 for taking cognizance, the continuation of the case would amount to wasting the Court’s time and as such in the special facts of this case and in view of the law laid down by this Court in 1984, I quash proceeding of Kesariya P.S. Case No. 120 of 2007 as far as it concerns the petitioner. The application stands allowed. Shageer (Sheema Ali Khan, J)