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2016 DIGILAW 772 (RAJ)

Laka Ram v. State of Rajasthan

2016-05-27

VIJAY BISHNOI

body2016
ORDER : Vijay Bishnoi, J. This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the Charge-sheet No.109/2015 dated 27.10.2015 filed by the police in FIR No.163/2015 of Police Station, Takhatgarh, District Pali. 2. Learned counsel for the petitioner has submitted that the charge-sheet has been filed by the police against the petitioner for the offences punishable under Sections 41 and 42/77 of the Rajasthan Forest Act, 1953 (for short 'the Act of 1953'). However, before conducting the investigation into the FIR No.163/2015, filed against the petitioner for the aforesaid offences, no order of the Magistrate was obtained by the Investigating Officer despite the fact that the offences under which the FIR was filed were non-cognisable. 3. Learned counsel for the petitioner has placed reliance on a decision of this Court rendered in Mohan Ram @ Manaram v. State of Rajasthan reported in 2016(1) WLC (Raj.) UC 631 and argued that if the police has conducted the investigation without the order of Magistrate concern in the non-cognisable offences, the said investigation and the charge-sheet, filed in pursuance of the said investigation, is liable to be quashed and set aside. 4. Learned Public Prosecutor has opposed the prayer of the petitioner, however, fairly conceded that the punishment provided under Sections 41 and 42/77 of the Act of 1953 are less then 3 years, therefore, the offences in above mentioned sections are non-cognisable. It is further fairly conceded by him that before conducting investigation into the non-cognisable offences, the concerned Investigating Officer has not taken any order from the Magistrate concerned. 5. In view of the above fact situation, this Court is of the opinion that the action of the Police Officer of conducting investigation and filing charge-sheet in the impugned FIR against the petitioner without there being any order of the Magistrate having power to try such case or commit the case for trial, is violative of Subsection (2) of Section 155 Cr.P.C. and as such the Charge-sheet No.109/2015 filed by the police against the petitioner is also without jurisdiction. 6. Hence, this criminal misc. petition is allowed. The Charge-sheet No.109/2015 dated 27.10.2015 filed by the police against the petitioner arising out of FIR No.163/2015 of Police Station, Takhatgarh, District Pali is hereby quashed. Stay petition is disposed of.