RAMCHANDRA Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) In these criminal misc. petitions under Section 482 Cr.P.C., the petitioners have challenged the registration of FIRs filed against them for the offences punishable under Sections 41 and 42 of the Rajasthan Forest Act, 1953 (hereinafter referred to as 'the Act of 1953').

(2.) Learned counsels for the petitioners have argued that the offences punishable under Sections 41 and 42 of the Act of 1953 are non-cognisable offence and as per the provisions of Sub-Section (2) of Section 155 Cr.P.C., the investigation into the non-cognisable offence cannot be conducted by a police officer without any order of the Magistrate having power to try such case or commit the case for trial. It is argued that in the present cases, there is no order of Magistrate for registration of FIR against the petitioners for the offences punishable under Sections 41 and 42 of the Act of 1953. Hence, the impugned FIR may kindly be quashed.

(3.) In support of above contentions, learned counsels for the petitioners have placed reliance upon the judgments of this Court in the case of Pintu Dey v. State of Rajasthan and Anr., 2015 (2) R.Cr.D. 68 (Raj.) decided on 9.4.2015 and Pappu Ram v. State of Rajasthan reported in 2015 (1) Cr.L.R. (Raj.) 304.