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2022 Supreme(Raj) 2792

FARJAND ALI
Gulam Mohammed – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. M.S. Borawat, for the Appellant; Mr. Laxman Solanki - PP, for the Respondent

ORDER

1. Learned counsel for the petitioner as well as learned Public Prosecutor submit that the proposition in question is settled in Hasam Khan & Ors. v. State of Rajasthan : S.B. Criminal Misc. Petition No. 2254/2017, decided on 10.07.2017, judgment whereof reads as under:-

    "1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing FIR No.72/2017 registered at Police Station, Bajju, District Bikaner for the offence under Section 41/42 of the Forest Act.

    2. Learned counsel for the petitioner submits that the matter is squarely covered by the judgment rendered by a coordinate Bench of this Court in Mohan Ram @ Manaram Vs. State of Rajasthan, reported in 2016(3) Cr.L.R. (Raj.) 1144, wherein the following order had been passed:-

    ’This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the proceedings of Criminal Case No.1811/2015 pending in the Court of Judicial Magistrate, Balotra, District Barmer (hereinafter referred to as ’the trial court’) against the petitioner.

    In the present case, the trial court vide order dated 19.11.2015 took cognizance against the petitioner for the offences punishable

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