Order

14/01/2025

1. The petitioner has made challenge to the very lodging of the FIR No.271-53 dated 24.03.2023 registered at Forest Department, Rajasthan for the offence under Sections 2, 26 & 52 of the Indian Forest Act.

2. I have heard counsel for the parties and gone through the niceties of the matter.

3. The judgment passed in SB Civil Writ Petition No.10774/2015 along with batch of petitions attached to it, making it clear that the Khasra numbers from which the woods alleged to have cut down belongs to propriety rights/khatedari of the petitioner. The prosecutor is not able to rebut the fact that land belongs to the petitioner.

3. Besides the above crime report is lodged for the offence under Sections 2, 26 and 52 of the Indian Forest Act, 1927. Section 2 is about descriptions and interpretation of clauses made in the Forest Act; Section 26 describes prohibited acts in the forest and Section 52 envisages regarding seizure of property liable to confiscation. The penalty clause under Section 42 of the Indian Forest Act as per which the state government may by such rules prescribed as penalty in contravention thereof, imprisonment for a term which may extend to six months, or fine wh