Ahmedabad: Gujarat High Court has quashed criminal proceedings against a man accused of possessing an owl for allegedly performing black magic rituals, holding that forest authorities failed to follow the procedure prescribed under the Wildlife (Protection) Act and instead registered an FIR with the police.The court quashed the case against Nitinkumar Patel, pending before a JMFC court in Idar, Sabarkantha. While setting aside the proceedings, it granted liberty to the forest department to initiate fresh action in accordance with the Wildlife Act by filing a complaint before a court.The case dates back to June 2020, when, acting on a tip-off about illegal dealings in wild animals for black magic practices, a team of forest officials travelled from Vadodara to locations in Mahisagar, Aravalli and Sabarkantha districts. The officials intercepted two persons carrying an owl in a bag and lodged an FIR under the Wildlife (Protection) Act. Following an investigation, a chargesheet was filed against several accused, including Patel.Challenging the prosecution, Patel argued that Section 55 of the Act bars courts from taking cognisance of offences under the Act except on a complaint filed by designated officers before a magistrate. An FIR or forest offence report (FOR) could not substitute such a complaint as defined under Section 2(d) of the Criminal Procedure Code.The petitioner also argued that the evidence against him was limited to statements of co-accused and a photograph of an owl found on a mobile phone and forwarded through others.The state govt opposed the plea, arguing that the court could take cognisance on the basis of a police report.After hearing both sides, High Court held that the prosecution was not maintainable. The court observed, “Indisputably and admittedly, the FIR/FOR in question is neither a complaint nor can it be termed as a complaint as contemplated under Section 55 of the Wildlife Act, thus, the same is not sustainable in the eyes of law.”
