Jurisdiction of the court to try offences under Assam Forest Regulation of 1891.

JUDGMENT

Parthivjyoti Saikia, J. - Heard the learned counsel Mr. T. T. Tara, appearing for the petitioner and also heard Ms. L. Hage, learned Additional Public Prosecutor appearing for respondent No.1 and Ms. T. Wangmo, learned Junior Government Advocate appearing for respondent

2. The petitioner, namely, Smti Taba Yaham Narah have filed this application under Section 482 of the Cr.P.C praying for quashing the CR Case No.24/2018 under Sections 24 (a) & (b) and 25 (a), (b), (d) & (f) of Assam Forest Regulation, 1891 pending before the court of Judicial Magistrate First Class, Capital Complex, Yupia.

3. The Deputy Commissioner, Yupia, Papum Pare District issued a Land Possession Certificate No. DC/LM/LPC-18/2012 dated 02.02.2012 to the petitioner for a plot of land measuring 18,700 square metres at Village-Upper Jumi in the district of Papum Pare.

4. On the basis of the Land Possession Certificate issued to the petitioner, she has been in possession of the said land since then. In fact, this parcel of land has been in occupation of the petitioner since 1930. The land was originally occupied by the parents of her husband.

5. On 21.02.2018, the respondent No.3 accused the petitioner of illegally trespassing into the forest land. He further accused the petitioner of clearing the jungle without permission.

6. The respondent No.3 filed a complaint against the petitioner before the court of Judicial Magistrate First Class, Yupia and on 15.05.2018, the court took cognizance of the offence under Sections 24 (a) & (b) and 25 (a), (b), (d) & (f) of Assam Forest Regulation 1891. The order dated 15.05.2018 was passed in CR. Case No. 24/2018.

7. The petitioner has submitted that the court below did not have the jurisdiction to take cognizance of the aforesaid offences. While referring to Assam Forest Regulation 1891, Mr. Tara, appearing for the petitioner, referred to section 9 of the aforesaid Regulation of 1891. Section 9 of the Regulation defines "Magistrate". Section 9 of the Regulation 1891 reads as under:

"Magistrate" means magistrate of the first or second class, when he is specially empowered by the [State] Government to try forest offence."

8. For giving explanation as to why Section 9 of the Regulation of 1891 has been referred, Mr. Tara has referred to Section 190 of the Code of Criminal Procedure. Section 190 of the Code of Criminal Procedure mandates that subject to the provision of chapter 14 of the Code, any magistrate of first class and any magistrate of second class specially empowered can take cognizance of offences.

9. This is the reason why on 02.08.2019, the Government of Arunachal Pradesh issued a notification empowering the Chief Judicial Magistrates and Judicial Magistrate First Class in the State of Arunachal Pradesh to try offences under Assam Forest Regulation, 1891. The Notification reads as under:

"NOTIFICATION

The 2nd August, 2019

No. JUD-82/86.- In pursuance of sub-section (9) of Section 3 of Assam Forest Regulation, 1891 (7 of 1891) as applicable in the State of Arunachal Pradesh, the Government of Arunachal Pradesh in consultation with the Gauhati High Court is pleased to empower the Chief Judicial Magistrates and Judicial Magistrate First Class in the State to try offences under Assam Forest Regulation, 1891 within their respective territorial jurisdiction."

10. Mr. Tara, learned counsel for the petitioner has submitted that the court below took cognizance of the aforesaid offences on 15.05.2018 and on that date the court of Judicial Magistrate First Class at Yupia did not have the jurisdiction to try offences under Assam Forest Regulation, 1891.

11. Referring to Section 461 of the Code of Criminal Procedure, Mr. Tara, learned counsel for the petitioner has submitted that irregularity committed by the court below has vitiated the proceeding. Section 461 (k) is quoted as under:

"461(k). Takes cognizance of an offence under clause (c) of sub-section (1) of Section 190."

12. Respondent No.2, on the other hand, has submitted