STATE OF H.P. Vs. OMI AND ANOTHER

JUDGEMENT

(1.) Cr.MP(M) No.1064/2015 For the reasons set out in the application, delay of 12 days in filing the application for leave to appeal, which, in my considered view, has sufficiently been explained, is condoned. Application stands disposed of. Cr.MP(M) No.1063/2015

(2.) State has filed the present petition, under the provisions of Sec. 378(3) of the Code of Criminal Procedure, seeking leave to appeal against the judgment dated 31.3.2015, passed by Additional Chief Judicial Magistrate, Kasauli, District Solan, Himachal Pradesh, in Criminal Case No.44/2 of 2012, titled as State of Himachal Pradesh Vs. Omi and another , whereby accused-respondents Omi and Ashok Kumar (hereinafter referred to as the accused), stand acquitted of the charge for having committed offences, punishable under the provisions of Sec. 447 of the Indian Penal Code and Sec. 33 of the Indian Forest Act.

(3.) In relation to FIR No.161/2011, dated 14.9.2011 (Ex.PW-5/A), registered at Police Station, Dharampur, District Solan, Himachal Pradesh, under the provisions of Sec. 447 of the Indian Penal Code and Sec. 33 of the Indian Forest Act, accused were charged to face trial.