DELESUA DEVI TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) BY this appeal under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, the appellant has called in question the order dated 5.12.2008 passed in Writ Petition No.4336/2008.

(2.) IT is contended by the learned counsel for the appellant that the learned Single Judge has completely failed to see that there was a provision of compounding of the offences if the value of the forest produce was less than Rs.1,000/ -, as prescribed under the M.P. Transit (Forest Produce) Rules, 2000 (hereinafter referred to as the Rules for brevity) and such an application made by the appellant was wrongly rejected by the competent authority. A revision filed against such an order of the competent authority was dismissed by the Sessions Judge. Hence, the writ petition was required to be filed. Wrongly appreciating the provisions of law, it has been held by the learned Single Judge that the provisions of the Rules aforesaid would not be attracted at all and, therefore, the writ petition has been dismissed.

(3.) HEARD learned counsel for the parties at length and perused the record.