BARKAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner is requesting for quashing of Magistrate order dt. 10.12.2007 as per which taking cognizance for the offence of Sections 379 Penal Code and 41, 42 Forest Ac t and case is registered against the petitioner and two others.

(2.) Learned counsel for the petitioner argued that allegation is for certain freshly cut wood whereas, according to forest department itself babool is not a forest produce-no evidence whatsoever is of cutting tree. Argued that from the material submitted with police report, no material sufficient for registering case emerges.

(3.) Learned Public Prosecutor opposed the petition.