DEEPAK KUMAR MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant miscellaneous petition, a challenge is made to the very lodging of the report dtd. 8/12/2024 in the form of a First Information Report (FIR) before the Department of Forest.

(2.) Heard learned Counsels present for the parties and gone through the materials available on record.

(3.) The second part of the First Schedule appended to the Code of Criminal Procedure, 1973 (Cr.P.C.), classifies offences based on their bailability and whether they are cognizable or non-cognizable. Notably, the Indian Forest Act, 1927, does not expressly designate whether the offences punishable under its provisions are bailable, non-bailable, cognizable, or non-cognizable. In the absence of explicit classification under the special statute, the general principles of the Cr.P.C. will govern the determination of these aspects. Ss. 41 and 42 of the Indian Forest Act prescribe a maximum punishment of six months' imprisonment. As per Part II of the First Schedule to the Cr.P.C., an offence punishable with imprisonment for less than three years is deemed to be non- cognizable and bailable unless specifically stated otherwise in the enactment. Therefore, by operation of law, offences under Ss. 41 and 42 of the Indian Forest Act are bailable and non-cognizable.