RAJKISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal misc. petition, a challenge is made to the order dated 23rd January, 2014 so as the order dated 21st July, 2014.

(2.) Learned counsel submits that a case was registered for offence under Section 379 and 411 of IPC apart from Section 29/51 of Wild Life Protection Act, 1972 (for short "Act of 1972"). The allegation against the petitioner was for carrying "Bajri" from prohibited area of Chambal river i.e. "Chambal Gharial Century". The petitioner made an application for release of Tractor, however, it was dismissed by learned Judicial Magistrate in reference to Section 52 of Rajasthan Forest Act, 1953 (for short "the Act of 1953"). The case for offence under the Act of 1953 was not registered, thus reference of provisions of the Act of 1953 was erroneous to dismiss the application. The petitioner then preferred a revision petition but it was also dismissed. The impugned order deserves to be set aside with the direction for release of Tractor on "Supurdagi" as it is not for offence under Rajasthan Forest Act 1953.

(3.) Learned counsel for the petitioner has further made reference of subsequent order dated 29th November, 2014 framing charges against the petitioner for offence under Section 29/51 of the Act of 1972 apart from Section 379/411 of IPC. Therein also, the charge is not framed for offence under the Act of 1953. A prayer is accordingly made to quash the order and to release the Tractor.