KHEMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused Khema Ram has filed this petition under Sec. 482 Cr.RC. for quashing the FIR No. 22/89 recorded by the Forest Department.

(2.) Mr. Singh contended that the petitioner had cut the trees from his own agricultural land No. 318/436 after obtaining permission of the Tehsildar on 25.9.1998 and therefore, the F.I.R. should be quashed.

(3.) The learned RR, on the other hand, contended that the petitioner is Khatedar of land No. 318/436 in Chak No. 22- AA whereas he had cut the trees from pasture land of Chak No. 22-A, and therefore, the F.I.R. should not be quashed. His contention was that it may be the defence of the petitioner that he had not cut trees from the Government land meant for grazing but on that ground the F.I.R. should not be quashed. His further contention was that the F.I.R. discloses the commission of cognisable offence and hence it should not be quashed.