SUBHASH 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 of the FIR No.16/2016 lodged at Police Station, Talwara, District Hanumangarh for the offences punishable under sections 41 and 42 of the Rajasthan Forest Act, 1953 (for short 'the Act of 1953' hereinafter).

(2.) Learned counsel for the petitioner has 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 case, there is no order of Magistrate for registration of FIR against the petitioner 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 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 09.4.2015 and Pappu Ram v. State of Rajasthan reported in 2015 (1) Cr.L.R. (Raj.) 304.