BHAIYALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition under S. 482, Criminal Procedure Code, the petitioners have prayed for quashing of the proceedings of the prosecution under S. 379, IPC, pending in Criminal Case No. 144 of 1990 before Judicial Magistrate, First Class, Datia.

(2.) On a report of cutting of certain trees of mango, 'Mahua', tamarind and 'Khair' standing on some land of a Bhumiswami Shrilal, one of the co-accused, and on the land belonging to the State Government, a case of theft under S. 379, IPC, was registered against five accused persons including the present four petitioners, by P. S. Badoni, District Datia. After investigation the charge-sheet was filed.

(3.) Before framing of the charge, all the five accused persons raised an objection that from the report and the charge-sheet; facts constituting offence do not make out the offence under S. 379, IPC; the act or omission allegedly committed by the accused persons is a breach of S. 240 of the M.P. Land Revenue Code, 1959 (for short, the 'Code'), which is punishable under S. 253 of the Code. The trial Court observed that Shrilal, the co-accused, has cut the trees of 'Mahua' and mango from the land belonging to him; the petitioners without permission have cut the trees standing on the land belonging to the State Government, and then fixed the case for framing of charge, hence, the petitioners have approached this Court under S. 482, Cr. P.C. for quashment of the prosecution.