IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ANJAN MONI KALITA
Mopin Ete, D/o-Shri Kargo Ete – Appellant
Versus
State of Arunachal Pradesh, represented by the learned Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. factual overview of conflicting firs regarding forest duty. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments concerning good faith and absence of criminal intent. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. analysis of forest regulation act powers versus penal codes. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. quashing fir to prevent abuse of judicial process. (Para 27 , 28 , 29 , 30) |
JUDGMENT :
ANJAN MONI KALITA, J.
Heard Mr. P. K. Tiwari, learned Senior Counsel, assisted by Mr. J. Tsering Kee, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Addl. Public Prosecutor, representing the State of Arunachal Pradesh and Mr. H. Lampu, learned counsel, appearing for the respondent no. 2.
2. The instant petition, under Section 528 of the BNSS, 2023, has been filed by the petitioner, praying for quashing and setting aside of the FIR dated 25.02.2026, in connection with Seijosa P.S. Case No. 02/2026, registered under Section 329 (2) of BNS, 2023.
3. An FIR was lodged on 12.02.2026, before Seijosa Police Station, Pakke Kessang District, by the petitioner along with other Forest Officials, alleging, inter alia that on 11.02.2026, while proceeding tow
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Section 49 of Assam Forest Regulation, 1891 reads as Seizure of property liable to confiscation.
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