MOHAN RAM @ MANARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the proceedings of Criminal Case No.1811/2015 pending in the Court of Judicial Magistrate, Balotra, District Barmer (hereinafter referred to as 'the trial court') against the petitioner.

(2.) In the present case, the trial court vide order dated 19.11.2015 took cognizance against the petitioner for the offences punishable under Sections 41, 42/77 of Rajasthan Forest Act, 1953 (hereinafter referred to as 'the Act of 1953'). Learned counsel for the petitioner has argued that the FIR was lodged against the petitioner for the offences punishable under Sections 41 and 42/77 of the Act of 1953 by the Head Constable Sujan Singh of the Police Station Sindhari, District Barmer on 11.10.2015. It is contended that the offence punishable under Sections 41 and 42/77 of the Act of 1953 are non-cognisable offence and as per the provisions of Sub-Section (2) of section 155 of the Code of Criminal Procedure, no police officer shall investigate into non-cognisable case without order of Magistrate having power to try such case or commit the case for trial. It is argued that the FIR in the present case, could not have been registered because there was no order from the Magistrate having power to try such case or commit the case for trial. It is further argued that the trial court, without taking into consideration the above position of law, has illegally proceeded against the petitioner and has taken cognizance against him for the offences punishable under Sections 41, 42/77 of the Act of 1953 vide order dated 19.11.2015.

(3.) In support of above contentions, learned counsel for the petitioner has placed reliance upon the judgments of this Court in the case of Pintu Dey v. State of Rajasthan and Anr. decided on 9.4.2015 and Pappu Ram v. State of Rajasthan reported in 2015 (1) Cr.L.R. (Raj.) 304 .