SAMSU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this criminal misc. petition, a prayer is made to quash the FIR bearing No. 22/2012 registered at Police Station Chopanki, district Alwar for offence under Sec. 379 of IPC. It is submitted that if the allegations made in the FIR are considered, the offence thereupon can be made under the Rajasthan Forest Act, 1953 (for short "Act of 1953") and cannot be under the IPC. It is by overlapping two different allegation that FIR has been registered for the offence under the Act of 1953 and at the same time, under the IPC. When the petitioner alleged to have committed offence under Sections 41 & 42 of the Act of 1953, Section 379 of IPC cannot come in picture for the same event and if, the offence is made out under Sec. 379 of IPC, then cannot be under the Act of 1953, thus the FIR deserves to be quashed.

(2.) LEARNED Public Prosecutor has opposed the petition.

(3.) THE only argument raised is in regard to Sections 41 & 42 of the Act of 1953 where the offence can be made out if one takes away forest produce without authority and permission. Once, the aforesaid offence is made out, it cannot be under Sec. 379 of IPC.