RAJESH KUMAR SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition has been filed under section 482 Cr.P.C. for quashing of F.I.R. No. 15/2015 registered with Police Station - Bhiwadi, Alwar for offence under sections 41 and 42 of the Rajasthan Forest Act, 1953.

(2.) IT is stated that police seized Truck bearing registration No. RJ 14 GC 4531 carrying timber. The F.I.R. was registered for offence under sections 41 and 42 of the Rajasthan Forest Act, 1953. The offence is not punishable beyond a period of three years thus, F.I.R. is not sustainable. The offence under section 41 of the Rajasthan Forest Act is non -cognizable thus, investigating agency cannot proceed with the F.I.R. The prayer is to drop the proceedings by quashing impugned F.I.R.

(3.) SCHEDULE - II of Code of Criminal Procedure, 1973 giving classification of offences qua other laws, the offence for which F.I.R. has been registered will be tried as non -cognizable offence.