FRANK AUGUSTIN LOPES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally by issuing Rule and making it returnable forthwith by consent. On 17 March 2017, this Court has passed following order-

(2.) Respondent No.2 is duly served. Learned counsel appearing for Petitioner states that offence under Section 21 of the Maharashtra (Urban Areas) Protection and Preservation of Trees) Act, 1975 is not cognizable and hence registration of FIR or investigation carried thereafter by Respondent No.1 is without jurisdiction and non-est. He submits that Respondent No.2 is a private person who lodged police complaint and its cognizance has been taken.

(3.) Learned APP does not dispute the facts. He further submits that this Court should not intervene in extra ordinary jurisdiction as the offence is in relation to a conduct which has got impact on environment.