JUDGMENT :

Sangeet Lodha, J.

1. The legal question that falls for our determination in this reference made by the Division Bench of this Court reads as under:

"What would be the nature of an offence (whether cognizable or non-cognizable) for which imprisonment "may extend to three years" is provided and no stipulation is made in the statute regarding it being cognizable/non-cognizable."

2. The Background facts giving rise to the legal issue may be summarized thus: The petitioners preferred a criminal miscellaneous petition seeking quashing of an FIR No. 12/16 lodged at Police Station, Jayal, District Nagaur, for the offence under Section 91(6) of the Rajasthan Land Revenue Act, 1956 (for short "the Act of 1956"). Precisely, the quashing of the FIR was prayed for by the petitioners on the ground that the offence alleged being non-cognizable, the police had no jurisdiction or power to register the FIR. Reliance in this regard was placed on a Single Bench decision of this Court in Pintu Dey vs. State of Rajasthan, 2015 (3) Cr.L.R. (Raj.) 1291, laying down that the offences under Secti