KHEM RAJ Vs. STATE

JUDGEMENT

(1.) Found to be transporting ?Chir logs? in Truck Nos. JKQ-8065, JK02-9381 & JKD-2454 against permission to carry ?Chir Fire Wood?, the petitioner along with others was proceeded against for commission of offences punishable under Sections 6/15/16 of the Jammu and Kashmir Forest Act, 1987 (1930 A.D) and Section 379 RPC.

(2.) Learned Judicial Magistrate, Ist Class (Forest Cases), Jammu, however, discharged them of the offences on 23.11.2002. Finding the discharge bad in law, learned Chief Judicial Magistrate, Jammu, recommended its setting aside making Reference to this Court which came to be Registered as Criminal Reference No. 35/2004.

(3.) Allowing the Reference, the Discharge was set aside, leaving the petitioner, however, free to question his discharge which was not otherwise found barred by limitation. Petitioner has approached this Court again invoking jurisdiction under Section 561A of the Code of Criminal Procedure for quashing of the Charge.