Breach Of Rules Framed U/S 41 Rajasthan Forest Act Regarding Transit Of Forest Produce Is Non-Cognizable Offence: High Court Quashes FIR

Rajasthan High Court has reiterated that no FIR can be registered in relation to breach of Rules framed by the State government under Section 41 of the Rajasthan Forest Act, 1953 to regulate transit of forest produce.

Section 42 of the Act prescribes punishment of upto six months imprisonment for breach of Rules. A bench of Justice Anil Kumar Upman relied on Mousam Khan v. State of Raj. & Anr. where a co-ordinate bench held that an offence under Section 41 can only be prosecuted by filling a complaint by the authorised/competent Officer.

The bench was hearing a quashing plea. It was the case of the petitioner that Section 42 of the Rajasthan Forest Act, 1953 is not punishable beyond a period of three years and as per Schedule-II of CrPC, alleged offences shall be considered as non-cognizable offences for which FIR cannot be registered.

Further, Section 155(2) of the Code prescribes that no police officer shall investigate a non-cognizable case without the order of jurisdictional Magistrate.

In this backdrop, Court observed that the FIR was not sustainable and liable to be set aside. Accordingly the petition was allowed but the Court stated that competent officer of the concerned department will be at liberty to file a complaint in accordance with law.

Title: Jitendra Gupta v State of Rajasthan

Citation: 2024 LiveLaw (Raj) 135

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