JUDGMENT

Arijit Pasayat, J.-The State of Himachal Pradesh questions legality of the judgment by learned Single Judge of the Himachal Pradesh High Court holding that the petition filed by the State for revision under Section 397, 401 read with Section 482 of the Code of Criminal Procedure, 1973 (for short the Code ) was not maintainable. The said petition was directed against judgment dated 13.12.1993 of learned Additional Sessions Judge, Solan, in an appeal under Section 59(2) of the Indian Forest Act, 1927 (in short the Act ) as amended by the Indian Forest Act (Himachal Pradesh Second Amendment) Act, 1991, (hereinafter referred to as Amendment Act ) as applicable to the State of Himachal Pradesh. The High Court by the impugned judgment held that the revision was not maintainable. Additionally, it was held that whether powers under Section 482 of the Code and Article 227 of the Constitution of India, 1950 (in short the Constitution ), could be exercised need not be gone into as this is not a fit case where the power required to be so exercised.

2. Background facts giving rise to the present dispute essentially are as follows:

On 12.10.1992, the Station House Officer, Nalagarh int