DINESH KUMAR Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C ), petitioner seeks quashing of order dated 31.10.2013, passed by the learned Principal Sessions Judge, Jammu, by virtue of which, order dated 17.11.2012 passed by the Forest Magistrate, JMIC, Jammu, has been set aside and learned trial court was directed to proceed against the petitioner/accused in accordance with law.

(2.) The case of the petitioner is that the order dated 31.10.2013 passed by the learned Principal Session Judge, Jammu, is not in accordance with law and that there was no sanction as required under Section 197 Cr.P.C. therefore, the court of learned Forest Magistrate, JMIC, Jammu was right in discharging the petitioner/accused. It is further contended that Revisional Court has not heard the petitioner before passing the impugned order, as such, the above said order passed by the Session Judge is not in accordance with law.

(3.) I have considered the contentions of counsel for the parties and perused the record. Counsel for petitioner has reiterated the grounds taken in memo of revision petition; whereas counsel for respondent has supported the order impugned. Counsel for petitioner has relied upon 2006 (4) SCC 584 case titled Sankaran Moitra vs Sadhna Das and Anr .