STATE OF H.P. Vs. GHAMBO DEVI

JUDGEMENT

(1.) The present revision is directed against the order dtd. 2/4/2015, passed by learned Judicial Magistrate First Class, Court No.2, Mandi, District Mandi, H.P., vide which the respondent (accused before the learned Trial Court) was discharged. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present revision are that the police presented a challan against the accused before the learned Trial Court for the commission of an offence punishable under Sec. 447 of the Indian Penal Code (IPC) and Ss. 32 and 33 of the Indian Forest Act. It was asserted that the accused had encroached upon 0-0-9 bighas of land bearing Khasra No. 204/38/2. The police registered the FIR and investigated the matter. The demarcation was obtained, and it was found that the petitioner had encroached upon the forest land. Hence, the charge sheet was filed before the Court.

(3.) Learned Trial Court relied upon the judgment of this Court in Param Dev Vs. State of H.P. 2015:HHC:236 to hold that the FIRs were to be registered against the encroachers who had encroached upon more than 10 bighas of Government land, and no FIR can be lodged against a person who has encroached upon less land. No notice of accusation could be framed against the accused, and the accused was discharged.