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2006 Supreme(Raj) 452

R.S.CHAUHAN
Kamal Ram – Appellant
Versus
State of Rajasthan – Respondent


Judgment

R.S. Chauhan, J.-The petitioner has challenged the order dated 21.09.2005 whereby the Judicial Magistrate, First Class, Kathumar, District Alwar has dismissed his application under Section 457, CrPC (henceforth to be referred as the Code for short). He has further challenged the order dated 010.2005 whereby the Additional District and Sessions Judge, Laxmangarh, District Alwar has upheld the former order and dismissed the revision petition filed by the petitioner.

2. The brief facts of the case are that on 19.09.2005 Sub-Inspector, Police Station, Khedli, District Alwar has lodged a FIR for offence under Sections 41 and 42 of the Forest Act, wherein he claimed that while he was on petrol he intercepted a tractor and trolly which was carrying the wood of Pipal tree. When he asked the driver, Suresh about his having the necessary documents for carrying the said wood, the driver denied having the necessary documents. Hence, prima facie offences under Sections 41 and 42 of the Forest Act were committed. The said tractor bearing Registration No. RJ 02-R-5279 alongwith its trolly was seized by the police. Since, the said tractor had been bought by the petitioner from the registe








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