The Court ordered the criminal miscellaneous petition for quashing an FIR be taken on board for hearing and disposal, accepting the *amicus curiae* stance that the defect regarding the missing mining permit is temporary.
Petition taken on board for hearing and disposal; to be disposed accordingly as ordered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[1] SB CRIM. MISC. PET.1369/2016
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
O R D E R
S.B. CRIMINAL MISC. PETITION NO.1369/2016 LIYAKAT HUSSAIN Vs. STATE OF RAJASTHAN
DATE:08.08.2016
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Mr. Ashish Sharma, for the petitioner. Mr. R.R. Baisla, Public Prosecutor for the State. *****
For the reasons stated in the application for early listing, same is allowed, with the consent of the Counsel for the parties, the petition is taken on board for hearing and disposal.
Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.129/2015, registered at Police Station Tapukda, District Alwar for the offences under Sections 379/120B IPC, Sections 41/42 of the Rajathan Forest Act, 1953 and Section 3 of the Prevention of Damage to Public Property Act.
Counsel for the petitioner has submitted that petitioner is being prosecuted for carrying illegal mining activity. Counsel for the petitioner has submitted that the entire case of the prosecution is that petitioner was not possessing mining permit ( Ravanna ). Counsel for the petitioner has annexed the Ravanna (mining permit) issued in his favour. Counsel has submitted that petitioner is in possession of valid mining permit (Ravanna) and if the same is taken into consideration by the Investigating Officer, no offfence is made out.
[2] SB CRIM. MISC. PET.1369/2016
Shri R.R. Baisla, learned Public Prosecutor has submitted that till today mining permit/ Ravanna has not been produced and in case the same is produced before the Investigating Officer, the same shall be duly verified and taken into consideration before arriving at a final opinion regarding commission of the offence.
Learned counsel for the petitioner submits that the present petition be disposed of in terms of the statement made by the learned Public Prosecutor.
Ordered accordingly.
(KANWALJIT SINGH AHLUWALIA),J.
/KKC/
2 issues framed by the court
Whether the petition for quashing the FIR should be allowed on the submission of counsel that the Respondent has admitted the defect.
Whether the permit ('Ravanna') should be taken into consideration by the Investigating Officer.
4 provisions across 4 enactments
LIYAKAT HUSSAIN
STATE OF RAJASTHAN
KANWALJIT SINGH AHLUWALIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
