SAHAB RAM 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 FIR No.13/2016 of Police Station, Gogamdedi, District Hanumangarh for the offences punishable under Sections 41, 42 and 77 of the Forest Act, 1953 (for short 'the Act of 1953' hereinafter) against the petitioner.

(2.) The learned counsel for the petitioner has submitted that the offences punishable under Sections 41, 42 and 77 of the Act of 1953 are non-cognisable and as per the provision of Subsection (2) of Section 155 Cr.P.C., the police cannot investigate into any non cognisable offence without there being any order of the Magistrate concerned. It is argued that in the present case, the police has conducted the investigation into the allegations levelled in the impugned FIR without there being any order from the Magistrate concerned and also filed the charge-sheet before the court concerned on 30.01.2016 for the offences punishable under Sections 41, 42 and 77 of the Act of 1953.

(3.) Learned counsel for the petitioner has placed reliance on the decisions of this Court at Jaipur Bench rendered in Amit Sharma v. State of Rajasthan reported in 2016(1) CrLR (Raj.) 54 and Kailash Chand Meena v. State of Rajasthan reported in 2016(1) CrLR (Raj.) 30 and argued that this Court while exercising power under Section 482 Cr.P.C. has quashed the FIRs lodged for non-cognisable offences under the Act of 1953 where the police has investigated into the matter without there being any order from the Magistrate concerned.