Short Note : This is a revision by the accused who is facing prosecution under section 51 read with section 17, of the Wild Life Protection Act, 1972 (hereinafter referred to as 'the Act'). 2. The offence under section 51 read with section 17 of the Act is punishable with imprisonment extending to 6 years and also with fine which shall not be less than Rs. 500. Thus it is a warrant case. The revision has arisen in this manner. The Forest Ranger Officer, Amanganj, Shri Shridhar Sharma filed a complaint on 24 January, 1978 in the Court of Judicial Magistrate First Class, Panna (hereinafter referred to as 'the trial Court') against the accused-applicant alleging that the accused-applicant has committed an offence punishable under section 51 read with section 17 of the Act. Before the filing of this complaint an investigation was made by the complainant and the papers of investigation have also been filed along with that complaint. On this date, the trial Court registered the case, supplied the copies of the papers to the accused who was present with his counsel and posted the case for hearing arguments on the question of charge on 17-2-1978. On 17-2-1978 after hearing the parties the trial Court framed the charge against the accused for the aforesaid offences, read over and explained to the accused who claimed to be tried. Hence the trial Court fixed the case for prosecution evidence. On 17-2-1978 after hearing the parties the trial Court framed the charge against the accused for the aforesaid offences, read over and explained to the accused who claimed to be tried. Hence the trial Court fixed the case for prosecution evidence. The relevant material portion of the order sheet dated 17-2-1978 is set out below: ^^’kklu dh vksj ls Jh/kj ‘kekZ] jsatj mifLFkrA vfHk;qDrx.k lfgr ,e-,- fln~nhdh] vf/koDrk vkjksi iwoZ rdZ lquk x;kA vfHk;qDrx.k ij /kkjk 51 lgifBr /kkjk 17 oU; izk.kh laj{k.k vf/kfu;e dk vkjksi vkjksfir djus ds fy, i;kZIr vk/kkj ekStwn gSA vr% vfHk;qDrx.k ij /kkjk 51 lgifBr /kkjk 17 oU; izk.kh laj{k.k vf/kfu;e dk vkjksi vkjksfir fd;k x;kA vfHk;qDrx.k dks vkjksi i<+dj lquk;k o le>k;k x;kA vfHk;qDrx.k us vkjksi ls bUdkj fd;kA mudk vfHkopu fy[kk x;kA vfHk;kstu lk{kh lel }kjk cqyko gksA vfHk;qDr ds vf/koDrk us /kkjk 451 Hkk- iz{ks- dk vkosnu i= izLrqr fd;kA mldh izfrfyfi jstj Jh/kj ‘kekZ dks nh xbZA izdj.k okLrs tokc gsrq fnukad 25-8-78 dks is’k gksA** The contention of the learned counsel for the accused-applicant relying on section 55 of the Act was that it was a case instituted on complaint and, therefore, the procedure provided for "cases instituted otherwise than on police report" should have been followed by the Court. The trial Court was not right in framing the charge without recording the evidence under section 244 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') on the consideration of the material of investigation made by the complainant. Held : Section 55 of the Act reads as under: "Cognizance of offences - No Court shall take cognizance of any offence against this Act except on the complaint of the Chief Wild Life Warden or such other officer as the State Government may authorise in this behalf". 3. At this stage it would be pertinent to point out that it was not contended on behalf of the accused-applicant that the case is not instituted on a complaint by an officer competent under the fore-quoted section. 4. Chapter XV instituted as 'Complaints to Magistrates' of the Code provides the procedure in case of complaint to Magistrates. Then there is Chapter XIX of the Code which is instituted as 'Trial of warrant Cases by Magistrates'. This is divided in two classes. One is A-Cases Instituted upon a police report' and the other 'B-Cases Instituted otherwise than on Police Report'. Then there is Chapter XIX of the Code which is instituted as 'Trial of warrant Cases by Magistrates'. This is divided in two classes. One is A-Cases Instituted upon a police report' and the other 'B-Cases Instituted otherwise than on Police Report'. 5. From the proceedings of the trial Court reproduced in paragraph 2 of this order it is evident that the trial Court has treated the instant case as a case instituted on police report. In its order sheet dated 24-1-1978 the trial Court has made a specific reference to section 207 of the Code. This section applies to cases instituted on a police report. 6. I would hasten to make it clear that it is not merely on the mention of section 207 in the order sheet by the trial Court that I am holding that the trial Court has proceeded as if the case was instituted on police report. This has been held on the totality of the facts and circumstances on record. 7. As is evident from the order sheet dated 17-2-78 the material part where of is reproduced hereinabove in paragraph 2 of this order, that the trial Court has taken into consideration all the papers accompanying the complaint, that it has framed the charge. This gives an indelible impression that the Court acted in accordance with the sections 238 and 240 of the Code; and that after recording the plea of the accused applicant the trial Court has fixed the case for prosecution evidence acting in the manner provided under section 242 of the Code. The procedure provided after taking cognizance of the case on a complaint in accordance with the provisions contained in Chapter XV of the Code for trial in warrant case is contained in part B of Chapter XIX of the Code which begins from section 244 to 247. In the instant case, the required procedure has not been followed before framing the charge and it has not been brought to my notice that the procedure adopted or any other special procedure is provided for the offences under the Act. 8. In this view of the matter, the revision has to be allowed. It is accordingly allowed. The charge is quashed. 8. In this view of the matter, the revision has to be allowed. It is accordingly allowed. The charge is quashed. The case is sent back to the Judicial Magistrate First Class, Panna with a direction to proceed on complaint in accordance with the provisions contained in the Code, in the light of the observations made hereinabove. Revision allowed.