ASRU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition has been filed under Sec. 482 Cr.P.C. for quashing of FIR No. 637/2014 registered with Police Station -Tijara, Alwar for offence under Secs. 41 and 42 of the Rajasthan Forest Act, 1953. It is stated that police seized the vehicle carrying forest produce -'bajri'. The FIR was registered for offence under Secs. 41 and 42 of the Rajasthan Forest Act, 1953. The offence is not punishable beyond a period of three years thus, FIR is not sustainable. The offence under Sec. 41 of the Rajasthan Forest Act is non -cognizable thus, investigating agency cannot proceed with the FIR. The prayer is to drop the proceedings by quashing impugned FIR.

(2.) BE that as it may, FIR has been registered for offence under Secs. 41 and 42 of the Act of 1953. Section 41 of the Act gives power to the State Government to make rules to regulate transit of forest produce and Section 42 provides for penalty for breach of rules made under Sec. 41. Both the Sections are reproduced hereas under -

(3.) SECTION 155(2) of the Code of Criminal Procedure reads as under -