Rajasthan High Court - Jaipur
Tahir vs State Of Rajasthan Through Pp on 27 April, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH
AT JAIPUR.
S.B. Criminal Miscellaneous (Petition) No. 4614 / 2016
Tahir son of Shri Sultan, By caste Mev, Resident of Village Musari,
Police Station, Tapukda, Alwar, Rajasthan.
----Petitioner
Versus
State Of Rajasthan Through Pp
----Respondent
_____________________________________________________
For Petitioner : Mr.K.K.Chhawal.
For Respondent : Mr.Rishiraj Singh, Public Prosecutor.
_____________________________________________________ HON'BLE MR. JUSTICE DEEPAK MAHESHWARI Judgment 27/04/2017 This criminal misc. petition has been filed under section 482 CrPC for quashing of FIR No.261/2015 registered with Police Station - Tapukda, District Alwar for offence under sections 41 and 42 of the Rajasthan Forest Act, 1953.
It is stated that police seized the vehicle carrying forest produce. The FIR was registered for offence under sections 41 and 42 of the Rajasthan Forest Act, 1953. The offence is not punishable beyond a period of three years thus, FIR is not sustainable. The offence under section 41 of the Rajasthan Forest Act is non-cognizable thus, investigating agency cannot proceed with the FIR. The prayer is to drop the proceedings by quashing impugned FIR.
(2 of 4) [CRLMP-4614/2016] Learned counsel for the petitioner mentions that subsequent to filing of the charge sheet by the concerned Police Station, the learned trial court has stated accusation to the accused-petitioner on 31.05.2016 and has initiated the trial which is also liable to be quashed and set aside.
Be that as it may, FIR has been registered for offence under sections 41 and 42 of the Act of 1953. Section 41 of the Act gives power to the State Government to make rules to regulate transit of forest produce and section 42 provides for penalty for breach of rules made under section 41. Section 42 of the Act, 1953 is reproduced here as under :-
42.Penalty for breach of rules made under section 41-
(1) Any person who contravenes the provisions of the rules made under section 41 of this Act shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to twenty five thousand rupees or with both.
(2) In case where the offence under sub-section(1) is committed after sunset and before sunrise or after preparation for resistance to lawful authority or where the offender has been previously convicted of a like offence the penalties shall be double of those mentioned in sub- section(1)."
Schedule - II of Code of Criminal Procedure, 1973 giving classification of offences qua other laws mentions that the offence punishable with imprisonment for less than three years or with fine only will be tried as non-cognizable offence.
(3 of 4) [CRLMP-4614/2016] Section 155(2) of the Code of Criminal Procedure reads as under -
"155. Information as to non-cognizable cases and investigation of such cases.- (1). ----------------------
(2). No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial."
Thus, it is apparent that offence under Section 41/42 of the Rajasthan Forest Act, 1953 is non-cognizable offence and petitioner can only be prosecuted by filing a complaint by the authorised/competent Officer. No FIR in the present case, could have been registered. Further, Police Officer concerned has not obtained permission from the Magistrate concerned for investigation of the offence.
Learned counsel for the petitioner has referred to the judgment rendered by Coordinate Bench of this Court in Mahendra Vs. State of Rajasthan (SB Criminal Misc. Petition No.108/2016) decided on 28.09.2016 whereby in identical controversy, the FIR as well as the consequential charge-sheet was quashed while giving liberty to the prescribed authority for filing the complaint in accordance with law.
In view of the above, the proceedings initiated in pursuance of the impugned FIR cannot be sustained and are liable to be set aside. Consequently, the present petition is accepted and the impugned FIR No.261/2015 as well as the proceedings pending before Gram Nayayalaya, Tijara District Alwar are quashed and (4 of 4) [CRLMP-4614/2016] set aside. However, liberty is granted to the competent authorised Officer to file a complaint in accordance with the provisions of law, if it is not barred by limitation.
(DEEPAK MAHESHWARI), J.
Anil Singh/50