STATE OF H.P. Vs. KALAWATI

JUDGEMENT

(1.) Cr.MP(M) No. 1066/2015 For the reasons set out in the application, delay of 89 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.1065/2015

(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 27.11.2014, passed by Judicial Magistrate 1st Class, Chopal, District Shimla, Himachal Pradesh, in Police Challan No. 237-II/2013, titled as State of Himachal Pradesh Vs. Kalawati , whereby accused-respondent Kalawati (hereinafter referred to as the accused), stands 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. 69/2011, dated 18.6.2011 (Ex.PW-3/A), registered at Police Station, Chopal, District Shimla, Himachal Pradesh, under the provisions of Sec. 447 of the Indian Penal Code and Sec. 33 of the Indian Forest Act, accused Kalawati was charged to face trial.