Bhura @ Trilok Chand vs The State Of Madhya Pradesh
2021 Latest Caselaw 2337 MP

                                                        1                               WP-8357-2021
                              The High Court Of Madhya Pradesh
                                         WP-8357-2021
                              (BHURA @ TRILOK CHAND Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      2
                      Jabalpur, Dated : 14-06-2021
                            Heard through Video Conferencing.
                            Shri Harpreet Ruprah, learned counsel for the petitioner.
                            Shri Kamlesh Dwivedi, learned Panel Lawyer, for the respondent/State.

Petitioner has filed this writ petition challenging order dated 17.1.2020 passed by First Additional Sessions Judge, Hoshangabad in Cr.R

No.79/2019 by which order passed by Appellate Authority dated 23.9.2019 and order dated 14.11.2019 were affirmed. S.D.O (Forest) has passed an order for confiscation of Tractor-trolley in Forest offence Case No.16806/05 owned by the petitioner.

Registry has raised an objection regarding maintainability of writ petition against impugned order passed by Sessions Judge in criminal revision. According to note put up by Registry, petition under section 482 CrPC, shall be maintainable against the impugned order and not writ petition.

Learned counsel for the petitioner has relied on Division Bench

judgment reported in the case of Mani Jain vs. Sub-Divisional Forest Officer-Cum-Authorised Officer, Mhow and others , 1999 (2) M.P.L.J

81. In this case the Division Bench has held that present controversy does not fall under the Criminal Procedure Code and would not invite the bar of second revision under section 397(3). Confiscation order is passed under Forest Act, 1927 and said act provides its own hierarchy of Forums and declares that order of Revisional Authority (Court of Sessions) to be final. As such the question of second revision in such a case and any bar imposed by section 397(3) does not and would not arise. Writ petition filed by the petitioner therein was held to be maintainable.

In view of the judgment passed by the Division Bench of this Court in

Signature Not the case of Mani Jain (supra), objection raised by the Registry is over-ruled. SAN Verified

Digitally signed by MONSI M SIMON Date: 2021.06.16 10:39:40 IST 2 WP-8357-2021 Let this matter be listed for admission in the next week.

                                                                             VISHAL DHAGAT)
                                                                                 JUDGE


                      mms




Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2021.06.16
10:39:40 IST