SUMIT Vs. D.F.O. KALSI, DEHRADUN

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicants seek to quash summoning order, the R.C. No. 73/Chou/2015-16, Kalsi Division Dehradun as well as the entire proceedings of Criminal Complaint Case No. 185 of 2016, DFO v. Baldev & others, under Section 26 of the Forest Act and Sections 333 and 353 IPC, pending in the Court of Judicial Magistrate, Vikasnagar, Dehradun.

(2.) Learned counsel for the applicants assailed the final investigation report only to the extent that the Forest Officer has no jurisdiction to investigate the offences under the Indian Penal Code. It is the submission of learned counsel for the applicants that the Forest Officer can investigate the offences only under Indian Forest Act, 1927. The description of such offences is given in Section 26 of the Indian Forest Act, 1927. It is also the submission of learned counsel for the petitioners that the Forest Officer is not authorised to investigate the offences punishable under Sections 333 IPC (Voluntarily causing grievous hart to deter public servant from his duty) or Section 353 IPC (Assault or criminal force to deter public servant from discharge of his duty), in relation to which final investigation report has been submitted.

(3.) Prima facie, being satisfied with such submissions of learned counsel for the applicants, this Court directs that whereas the accused-applicants shall face the trial under Section 26 of the Indian Forest Act, they will not be charged under Sections 333 and 353 IPC in a Criminal Complaint Case filed by the sole respondent.