JUDGMENT 1. This petition is filed under Section 482 Cr.P.C by the petitioner/A-12 seeking to quash the proceedings in C.C. No.728 of 2014 on the file of Judicial Magistrate of the First Class, Bhimadole, West Godavari District which is the outcome of a complaint presented by the 2nd respondent. 2. Heard the learned counsel for the petitioner and also the respondents represented by the Public Prosecutor before admission and perused the material on record. The Forest Range Officer/2nd respondent supra filed charge sheet it was taken cognizance by the learned Magistrate for the offence under Section 51 read with Section 27 and 29 of the Wild Life (Protection) Act for the alleged illegal filling pits of the demolished bunds of the fish tanks for doing illegal pisciculture in the +5 contour of Chettunnapadu beat area of Bhimadole Mandal to make the Kolleru Wild Life Sanctuary Birds inhabitable, the same meant. In fact, it is based on O.R. No.40/2011/12, dated 01.12.2011. A perusal of the Panchanama dated 24.10.2011 speaks that the Forest Officer, Forest Beat Officer and the Forest Range Officer-cum-defacto-complainant removed the bunds near Gopalakrishna Fish Farm unsurvey area where fish feed is rearing in the tanks and removed the bunds with J.C.B on that day, however, later on 01.12.2011 at about 8.00 A.M the V.R.O Saidu Edukondalu, Forest Beat Officer and the defacto-complainant were patrolling in the area they found that the bunds were filled to reform as tanks and it is their enquiry revealed one K.V.V.Narasimha Rao @ Bosuraju of A.S.R. Nagar, Bheemavaram is the instigator of the persons who filled by name Madda Keri (A-2), Dasari Atchaiah (A-3) and Dasari Nageshwar Rao (A-4) and about 30 others that filled the bunds of the +5 contour of Government land belongs to the Forest Department in order to store the water by filling the bunds, thereby committed the offence. The panchanama no way speaks any of them witnessed any particular assailant while watering the so called subsequent filling of bunds of the demolished bunds muchless farming bunds that is the basis for the maintaining of the charge sheet including from the alleged preliminary offence dated 01.12.2011 which is no way speaks as to any information from whom they got they mentioned at para No.8 one Saidu Yedukondalu the V.R.O. In fact the panchanama dated 01.12.2011 itself speaks is one of the three persons who were while patrolling they noticed about the bunds filled. Further, they came to know all the persons responsible in the filling and the main assailant, it is to say hearsay. It is pursuant to which and without any particulars of the names even ascertained from said material the charge sheet is laid by naming 27 persons at para No.3 of the charge sheet by referring at para Nos.1 and 2 of the +5 contour area and the particulars of the Government Forest Land and saying six remaining assailants not traced from Pedanindrakolanu, Nidamarru mandal in saying the nature of the offence is causing damage illegally to the sanctuary area, thereby liable for their illegally filling the pits of the demolished fish tanks to do fish culture therein.3. A perusal of the material in fact contains no basis for the learned Magistrate, had he applied his judicial mind as required under Section 190 Cr.P.C to take cognizance. However, taken cognizance to say it is mechanical. Having regard to the above and the learned Public Prosecutor could not substantiate any of the allegations or accusation against any of the accused persons leave about the petitioner/A-12, the cognizance taken by the learned Magistrate is unsustainable. 4. It is needless to say the complainant-Forest Range Officer did a perfunctory investigation/enquiry in discharging of duty without proper application of mind and without even furnishing particulars as to who are the persons that witnessed the refilling of the demolished bunds and who are the persons that are noticed while watering for the fish culture to make them liable. Without which the accusation is baseless.5. Accordingly the entire cognizance is liable to be set aside though the other accused persons are not before the Court, once the Court has taken judicial note of the facts and the illegalities crept in. Without which the accusation is baseless.5. Accordingly the entire cognizance is liable to be set aside though the other accused persons are not before the Court, once the Court has taken judicial note of the facts and the illegalities crept in. It is needless to say while setting aside the cognizance taken by the learned Magistrate, the Forest Range Officer is required by virtue of this order to conduct further investigation and fix, if there is any material, any particular person responsible for the alleged offence. 6. In the result, the criminal petition is allowed and all the proceedings in C.C. No.728 of 2014 on the file of Judicial Magistrate of the First Class, Bhimadole, West Godavari District are hereby quashed. The bail bonds of the accused in the said proceedings, if any, shall stand cancelled. Consequently, the miscellaneous petitions, if any pending, shall stand closed. The Forest Range Officer is at liberty to investigate further and file final report/complaint afresh with material to substantiate the accusation.