( 1 ) HEARD both the learned counsel. ( 2 ) SRI G. S. Prakash Rao, the learned counsel representing the petitioner would submit that the alleged offence would not fall under Sections 9 and 51 of the Wild Life (Protection) Act, 1972, for brevity hereinafter referred to as "the Act". Inasmuch as even if the allegations in the charge-sheet are taken on the face value, the animal died, rabbit, does not find place in Schedule I of the said act. Hence Section 9 of the Act is not attracted. ( 3 ) ON the contrary, the learned public prosecutor would contend that though section 9 of the Act may not be attracted, prima facie, ingredients of Section 429 of the indian Penal Code are attracted and hence the proceedings in toto cannot be quashed. ( 4 ) THE Criminal Petition is filed under section 482 of the Code of Criminal procedure, (hereinafter, in short referred to as "the Code") praying for quashing the proceedings in C. C. No. 143 of 2003, on the file of the Judicial Magistrate of First Class, alampur, Mahabubnagar District. ( 5 ) THE case of the prosecution is that laxmanna PC. 12200 and Veeranna PC 1596 of P. S. Alampur while on Night miscellaneous at 7. 00 p. m. on 27-8-2002 beattobaswapur and Bairampuram villages, at the time of patrolling, they found two persons coming in opposite direction and when they questioned they replied and gave certain names and stated that they came from Hyderabad for the purpose of hunting rabbits and they were in search of such rabbits and that the accused also stated that he is new to the said area. It is also stated that when they proceeded further they found one person coming in opposite direction by focusing the torch light while handling a rabbit with bleeding. Isak who accompanied him and identified him as Rahmatulla. Subsequent thereto, they found that the rabbit was dead and lying on the ground and in the said circumstances a crime was registered and the charge-sheet was filed. ( 6 ) SECTIONS 9 and 51 of the Act read as hereunder:section 9. "no person shall hunt any wild animal specified in Schedules I, II, iii and IV except as provided under sections 11 and 12. " section 51. ( 6 ) SECTIONS 9 and 51 of the Act read as hereunder:section 9. "no person shall hunt any wild animal specified in Schedules I, II, iii and IV except as provided under sections 11 and 12. " section 51. Penalties:- (1) Any person who contravenes any provision of this Act except Chapter V-A and section 38j or any rule or order made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this Act, shall be guilty of an offence against this Act, and shall on conviction, be punishable with imprisonment for a term which may extent to three years, or with fine which may extend to twenty thousand rupees, or with both: provided that where the offence committed is in relation to any animal specified in Schedule I or Part II of schedule II or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence relates to hunting in a sanctuary or a National Park or altering the boundaries of a sanctuary or a national Park, such offence shall be punishable with imprisonmentforaterm which shall not be less than three years but may extend to seven years and also with fine which shall not be less than ten thousand rupees. Provided further that in the case of a second or subsequent offence of the nature mentioned in this sub-section the term of the imprisonment shall not be less than three years but may extend to seven years and also with fine which shall not be less than twenty-five thousand rupees. (1-A) Any person who contravenes provisions of Chapter V-A, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and also with fine which shall not be less than ten thousand rupees. (1-B) Any person who contravenes the provisions of Section 38-J shall be punishable with imprisonment for aterm which may extent to six months, or with fine which may extent to two thousand rupees, or with both. Provided that in the case of a second or subsequent offence, the term of imprisonment may extend to one year or the fine may extend to five thousand rupees. Provided that in the case of a second or subsequent offence, the term of imprisonment may extend to one year or the fine may extend to five thousand rupees. (2) When any person is convicted of an offence against this Act, the Court trying the offence may order that any captive animal, wild animal, animal article, trophy, uncured trophy meat, ivory imported into India or an article made from such ivory, any specified plant, a part or derivative thereof in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the State government and that any licence or permit, held by such person under the provisions of this Act, be cancelled. (3) Such cancellation of licence or permit or such forfeiture shall be in addition tf any other punishment that may be awarded for such offence. (4) Where any person is convicted of an offence against this Act, the Court may direct that the licence, if any, granted to such person under the Arms Act, 1959 (54 of 1959) for possession of any arm with which an offence against this Act has been committed, shall be cancelled and that such person shall not be eligible for a licence under the Arms Act, 1959 for a period of five years from the date of conviction. (5) Nothing contained in Section 360 of the Code Criminal Procedure, 1973 (2 of 1974) or in the Probation of offenders act, 1958 (20 of 1958) shall apply to a person convicted of an offence with respect to hunting in a sanctuary or national Park or of an offence against any provision of Chapter V-A unless such person is under eighteen years of age. " ( 7 ) ON careful scrutiny of Schedule I, no doubt item No. 11 reads "hispid Hare (Caprolagus hispidus)". Relating to the definition of Hare, the learned counsel placed strong reliance on "the World Book encyclopedia", wherein it is stated hereunder:"hare is a long-earned mammal with powerful hind legs and a short, fluffy tail. Hares are related to rabbits and are often confused with them. But hares differf rom rabbits in several ways. Hares give birth on the ground or in a scratched- out depression called aform. The young are born covered with fur and with their eyes open. Hares are related to rabbits and are often confused with them. But hares differf rom rabbits in several ways. Hares give birth on the ground or in a scratched- out depression called aform. The young are born covered with fur and with their eyes open. Rabbits are born naked and blind in a fur-lined nest. Hares never dig burrows as do many rabbits. Also, hares usually try to escape from their enemies by leaping away rapidly. Rabbits usually try to hide from enemies. The Belgian hare is really a type of rabbit. The North american snow-shoe rabbit and the jack rabbit are, in fact, hares. Most hares are brownish-grey with a pure white belly. Some kinds of hares that live in cold climates turn completely white during the winter. The largest hares grow to nearly 70 centimetres long and can reach a weight of more than 3. 5 kilograms. Hares court and mate in spring. During courtship, they often jump and twist in the air. This behaviour may explain the phrase "made as a March hare. " Young hares are called leverets. There are usually fewer than five in a litter, but there may be as many as seven litters a year. Hares rest during the day and generally look for food during the night and at dawn. Hares eat plants and can have long ears, long forelegs, and an upward stance. They generally live in open country or the edge of woods. Their young are born in a shallow hollow in the ground. "rabbit is a furry animal with long ears and a short, fluffy tail. Rabbits do not walk or run, as most other fourlegged animals do. A rabbit moves about by hopping on its hind legs, which are much longer and stronger than its front legs. The animal also uses its front legs when it moves. Rabbits balance on their front legs much as people balance on their hands when they play leapfrog. When chased by a enemy, a rabbit can hop as fast as 30 kilometres an hour. Many children have pet rabbits. Pet shops sell tame rabbits that have been raised to be pets. Rabbits live in Africa, Asia, Europe, north America, and have been introduced to other parts of the world. Most species make their homes in fields and prairies where they can hide their young under bushes or among tall grasses. Many children have pet rabbits. Pet shops sell tame rabbits that have been raised to be pets. Rabbits live in Africa, Asia, Europe, north America, and have been introduced to other parts of the world. Most species make their homes in fields and prairies where they can hide their young under bushes or among tall grasses. A female rabbit usually has four or five young at a time, and may give birth several times every year. A young cottontail rabbit sits motionless to escape hunters, but hops away quickly if they come near. ( 8 ) THE learned counsel for the petitioner also relied upon "reader s Digest Universal dictionary" wherein it indicates a reference for hairs procedure under the word his-pir as summarized in Latin world hispidus which reads as hereunder:"his-pid (hispid) adj. Covered with stiff or rough hairs; bristly: hispid stems. (Latin hispidus)" ( 9 ) SCHEDULE-L of Part I of the Act aforesaid deals with Mammals and it is not in serious controversy that rabbit does not find a place in the said Schedule. In the light of the same, the provisions under Section 9 and 51 of the act aforesaid may not be attracted and hence the proceedings so far as they relate to the alleged offences under the Wild Life (Protection) Act, 1972 are liable to be quashed and accordingly, the same are hereby quashed. ( 10 ) SECTION 429 IPC reads as hereunder:"whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extent to five years, or with fine or with both. "prima facie as per the allegations, it cannot be said that the offence under Section 429 ipc or ingredients thereto are not attracted as all. Hence, this is a matter to be gone into. ( 11 ) ACCORDINGLY, the Criminal Petition is partly allowed quashing the proceedings so far as they relate to the offences under the act and it is further clarified that the prosecution in relation to the offence punishable under Section 429 IPC to be proceeded with in accordance with law.