YUNUS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioner has laid this misc. petition under Section 482 Cr.P.C. for quashing FIR No.05/2016 registered with Police Station Ratangarh, District Churu and all the proceedings undertaken pursuant thereto.

(2.) In the FIR aforesaid, the petitioner is charged for offence under Sections 41, 42 and 77 of the Rajasthan Forest Act, 1953 (for short, 'Act of 1953')

(3.) Learned counsel for the petitioner would contend that the offence attributed to him is not punishable beyond the period of three years and thus FIR as such is not sustainable. Learned counsel has also urged that Sections 41 and 42 of the Act of 1953 provides for a non-cognisable offence therefore investigating agency cannot proceed for investigation pursuant to said FIR as no permission was sought from the Magistrate. In support of his contentions, learned counsel has placed reliance on a decision of this Court in case of Ali Khan v. State of Rajasthan (S.B.Criminal Misc. Petition No.1087/2015, decided on 11.03.2015).