KARU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been filed under Section 482 CrPC for quashing FIR No.166/2014, registered at Police Station Masalpur, Karauli for the offence under section 30/33 of the Rajasthan Forest Act, 1953 and section 2(ii) of the Forest (Conservation) Act, 1980.

(2.) It is stated that on information received by the police, L&T machine and Trola No. RJ 05 GA 1837 were seized by the police from forest area. They were used for excavation of mineral. On reaching the police party, persons run away.

(3.) It is submitted that petitioner is the registered owner of the L&T machine. The trola was purchased by him from its registered owner under agreement dated 11.3.2013. Both the vehicles were not used for taking any forest produce. The offence is not punishable beyond a period of three years thus FIR is not sustainable. The offence under sections 30 and 33 of the Forest Act is non-cognizable thus investigating agency cannot proceed with the FIR. The prayer is to drop the proceedings by quashing FIR.