June 26, 2019:
Chhattisgarh High Court has held that Forest Officer cannot file charge-sheet for offences punishable under Section 3 of the Prevention of Damage to Public Property Act, 1984.
A bench of Justice Agrawal has passed the Order in the case titled as State of Chhattisgarh vs Ishan Yadav on 21.06.2019.
The Forest Range Officer, Range Uttar Bortalab, Forest Division Khairagarh, District Rajnandgaon on 15.2.2014 registered the forest offence under POR No.16/2009 for offence punishable under Section 26 (1) (f) of the Indian Forest Act, 1927 (hereinafter called as “the Act of 1927”) against the respondents herein and also simultaneously investigated the matter under Section 3 of the Prevention of Damage to Public Property Act, 1984 (hereinafter called as “the Act of 1984”) and on 19.2.2014 sought permission from the Judicial Magistrate First Class, Dongargarh to file charge-sheet for offences punishable under Section 3 of the Act of 1984 against the respondents herein. Learned Judicial Magistrate First Class by order dated 19.2.2014 dismissed the application holding that offences under Section 3 of the Act of 1984 are cognizable offences and it has to be investigated by the police officer under the Code of Criminal Procedure, as such, permission cannot be granted to file charge-sheet for offence punishable under Section 3 of the Act of 1984. The petitioner/State assailed that order before the Court of Additional Sessions Judge, Link Court, Dongargarh and that Court by the impugned order concurred with the view expressed by learned JMFC and dismissed the revision. Feeling aggrieved against the order passed by two Courts below, this petition under Section 482 of the CrPC has been filed by the State.
High Court observed "It is quite vivid that there is no provision in the CrPC to the contrary regarding investigation and filing of charge-sheet authorising a Forrest Officer to investigate the offence under the Act of 1984. Therefore, the offence committed and covered under the Act of 1984 are to be investigated strictly by police officer in accordance with the provisions of the CrPC. It is quite obvious that a forest officer has no jurisdiction/authority to investigate the offence unless he is authorised by a Magistrate for this purpose".
High Court further observed " Therefore the forest officer cannot file a charge-sheet directly in a Court of law saying that an offence has been committed under the provisions of the Act of 1984. The only remedy available to him to file complaint under Section 200 of the CrPC".
Read the Order here:
Picture Source :
