MUKESH LAXMAN DAS TALREJA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned PAP for the State.

(2.) By this Criminal Writ Petition, the petitioner seeks to quash the charge-sheet which has been filed by the State in respect of the offence which is punishable under the provisions of the Maharashtra (Urban Areas) Preservation of Trees Act, 1975.

(3.) The learned Counsel appearing on behalf of the petitioner is seeking an order from this Court under article 227 of the Constitution of India and under section 482 of the Criminal Procedure Code for quashing the criminal proceedings which have been initiated against the petitioner under the said Act. The learned Counsel for the petitioner has challenged the said proceedings on merits by submitting, firstly, that even if the averments which are made in the complaint are taken at its face value, no case is made out against the present petitioner and, secondly, it is submitted by the learned Counsel that the offence under section 21 read with section 8 of the maharashtra (Urban Areas) Preservation of Trees Act, 1975 is a non-cognizable offence and, therefore, no police Officer can investigate the said offence unless permission is obtained by him under section 155 (2) of the Criminal Procedure Code. He submitted that, admittedly, in the present case, the said permission had not been obtained. The learned APP appearing on behalf of the State, after taking instructions from the Investigating Officer, states that no such permission was obtained by the Investigating Officer under the aforesaid provisions of Cr. P. C.