HARJIVANBHAI PARSHOTTAMBHAI THANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (the Code) the applicant has challenged the complaint filed by the respondentState, Through Range Forest Officer, RFW Range (Jamnagar), Bhatiya, Tal. Kalyanpur, which is registered as Criminal Case No.511 of 2012, pending in the Court of Judicial Magistrate, First Class, Kalyanpur, Dist. Jamnagar and the summoning order dated 08.08.2012 passed therein.

(2.) IT may be noted that the said complaint is filed on 26.07.2012 for the alleged offence under Section 63(c) of the Indian Forest Act, 1972 (the Forest Act).

(3.) THE main argument raised by the learned advocate for the applicant is to the effect that Section 63(c) of the Forest Act is punishable with imprisonment for a term which may extend to two years or with fine or with both and, therefore, as per the provisions of Section 468 of the Code, when the offence is punishable with imprisonment for a term exceeding one year, but not exceeding three years, the period of limitation would be three years.