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2016 DIGILAW 688 (RAJ)

Sahab Ram v. State of Rajasthan

2016-05-16

VIJAY BISHNOI

body2016
JUDGMENT : Vijay Bishnoi, J. This criminal misc. petition under section 482 CrPC has been filed by the petitioner with a prayer for quashing the FIR No.13/2016 of Police Station, Gogamdedi, District Hanumangarh for the offences punishable under Sections 41, 42 and 77 of the Forest Act, 1953 (for short 'the Act of 1953' hereinafter) against the petitioner. 2. The learned counsel for the petitioner has submitted that the offences punishable under Sections 41, 42 and 77 of the Act of 1953 are non-cognisable and as per the provision of Sub-section (2) of Section 155 CrPC, the police cannot investigate into any non cognisable offence without there being any order of the Magistrate concerned. It is argued that in the present case, the police has conducted the investigation into the allegations levelled in the impugned FIR without there being any order from the Magistrate concerned and also filed the charge-sheet before the court concerned on 30.01.2016 for the offences punishable under Sections 41, 42 and 77 of the Act of 1953. 3. Learned counsel for the petitioner has placed reliance on the decisions of this Court at Jaipur Bench rendered in Amit Sharma v. State of Rajasthan, reported in 2016 (1) CrLR (Raj.) 54 and Kailash Chand Meena v. State of Rajasthan, reported in 2016 (1) CrLR (Raj.) 30 and argued that this Court while exercising power under Section 482 CrPC has quashed the FIRs lodged for non-cognisable offences under the Act of 1953 where the police has investigated into the matter without there being any order from the Magistrate concerned. 4. Learned Public Prosecutor has opposed the prayer of the petitioner, however, frankly conceded that the impugned FIR has been lodged against the petitioner for non-cognisable offences punishable under Sections 41, 42 and 77 of the Act of 1953 and there is no order of the Magistrate concerned to the police to investigate into the allegations levelled in the impugned FIR. 5. Heard learned counsel for the rival parties and peruse the material available on record. 6. It is an admitted position that the impugned FIR against the petitioner has been lodged for non-cognisable offences and the police, without there being any order from the Magistrate, has investigated into the allegations levelled into the impugned FIR and also filed the charge-sheet against the petitioner. 6. It is an admitted position that the impugned FIR against the petitioner has been lodged for non-cognisable offences and the police, without there being any order from the Magistrate, has investigated into the allegations levelled into the impugned FIR and also filed the charge-sheet against the petitioner. Therefore, in view of the decisions of the Coordinate Bench of this Court at Jaipur Bench in Amit Sharma and Kailash Chand Meena (Supra), this Court is of the opinion that the impugned FIR cannot be sustained. 7. Hence the instant criminal misc. petition is allowed. The impugned FIR No.13/2016 of Police Station, Gogamdedi, District Hanumangarh is hereby quashed and all the consequential proceedings in pursuance thereof are quashed. 8. Stay petition stands disposed of.