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2021 Supreme(HP) 577

VIVEK SINGH THAKUR
SADH MOHAMMAD S/O SH. RUKAMDIN – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For The Appellant :SHRI DHEERAJ K. VERMA AND ASHWANI KAUNDAL, ADVOCATES
For The Respondent:MS. DIVYA SOOD, DEPUTY ADVOCATE GENERAL

ORDER :

Instant petition has been preferred against impugned order dated 18.3.2021 passed by learned Judicial Magistrate First Class, Court No.II, Kangra, District Kangra in Cr.MA No. 130 of 2021 titled Sadh Mohammad vs. State of H.P., whereby application preferred by petitioner under Section 451 of Code of Criminal Procedure (in short ‘ Cr.PC’), seeking release of vehicle bearing registration No. HP-19B-4409 along with documents in case FIR No. 112 of 2019, dated 27.6.2019, registered under Sections 41 and 42 of Indian Forest Act and Section 379 of Indian Penal Code, has been dismissed, on the ground that in view of provisions of Indian Forest Act and pronouncement of Courts, including the Supreme Court in cases State of Karnataka vs. K.A. Kunchindammed, reported in (2002) 9 SCC 90; Sohan Singh vs. State of Himachal Pradesh 2004 Law Suit (HP) 76; Mohd. Tazim vs. State of Uttrakhand and others 2012 Law Suit (Utt.)851; State of Madhya Pradesh; Adhikshak Rashtriya Chambel Adhyaran; Authorized Officer and Sub Divisional Officer, Shivpuri, M.P. vs. Uday Singh; Rakesh Lavaniya; Narottam Singh; Jashrat Singh 2019 Law Suit (SC) 961, the Judicial Magistrate had no jurisdiction/authority to

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