1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Appln No. 300 of 2010 Chandan Singh Kera S/O Nandan Singh Kera R/O Village Binta, P.S Dwarhat, Dist, Almora ………………………. Applicant Versus 1. State of Uttarakhand Through District Magistrate District : Nainital 2. Divisional forest officer Nagar Palika Area Nainital Forest Division Nainital 3. Superintendent of police Almora District Almora …………..Respondent Shri Akhil Kumar Sah,Advocate present for the petitioner Shri M.A.Khan, Brief Holder present for the respondent Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties (2) By means of this petition, moved Under Section 482 of Code of Criminal Procedure, 1973, petitioner has sought quashing of the proceedings of criminal case no.453A of 2006, State vs. Tara Chand Arya and others, relating to offences 2 punishable under section 9,39,51 of Wild Life Protection Act, 1972, pending in the court of Chief Judicial Magistrate, Nainital. (3) Brief facts of the case are that the forest officers, on 30th of March 2006, on receiving information, went to Saint Loo beat forest and found that in a vehicle make Maruti Van registration no. UA4A 2434 gun and other hunting material was being carried. On checking the vehicle it was found that there was more than 30 kg meat of SARAO (deer). While the checking was on, two of the accused succeeded in running away, but rest three Ramesh Singh, Mahendra Singh, Bhawan Singh were arrested at the spot. Thereafter a criminal complaint was filed by the forest officers against five accused namely Bhawan Singh, Ramesh Singh, Mahendra Singh, Tara Chand Arya and Chandan Singh Kera, in respect of offences punishable under section 9,39,51 of the Wild Life Protection Act 1972, (after discloser of rest of two names by the arrested accused). (4) Learned Counsel for the petitioner Chandan Singh Kera submitted that his father’s name is Nandan Singh Kera and he is resident of village Binta, P.S Dwarhat, District Almora. (5) He further submitted that Chandan Singh Kera against whom complaint was filed by complainant officer is shown as son of ‘unknown’ presently resident of Towers compound Mallital, Nainital. It is submitted that there are many Chandan Singh Kera in village Binta and the warrant issued by the trial 3 court could not be executed for the want of complete particulars as is apparent from dated 10.02.2009 made by Naib Tehsildar on the back of the second bailable warrant issued against Chandan Singh Kera, son of unknown, resident of village Binta, District Almora (copy of Annexure 2 to the petition). But it caused harassment of the petitioner. (6) This court in its jurisdiction under section 482 of Cr.P.C can not decide the issue as to whether, the petitioner is the person who is wanted in the aforesaid case or not. Naib Tehsildar’s report dated 10.03.2010 does show that since the parentage of the accused is not in disclosed as such the warrant could not be executed. In the circumstances, the Chief Judicial Magistrate, Nainital before whom the case is pending, can ask the complainant to find out and disclose complete particulars of the accused who has to face the trial. (7) With the above observations the petition under section 482 of Cr.P.C is dismissed. Dt.09.04.2010 NP (Prafulla C. Pant, J.)