Dileep Baghel Applicant v. State Of Madhya Pradesh

Deepak Kumar Agarwal, J.:— Lawyers are abstaining from the court work.

2. Present petition under Section 482 of CrPC has been filed seeking quashment of POR bearing No. 9872/23 dated 30.01.2021 registered against the petitioner for the offence punishable under Section 27, 29, 50, 51, 52 of Wild Life Protection Act, 1972 and under Section 41, 52 of Indian Forest Act.

3. Facts of the case are that on 29.01.2021 a tractor trolley was found transporting illicit sand which was being driven by petitioner. Crime No. 25/2021 for the offence punishable under Section 379 of IPC, Section 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, Section 18(1) of the M.P. Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2006 and Sections 130 and 177 (3) of the Motor Vehicle Act, 1988 was registered against the petitioner at Police Station Dimni District Morena. The said Tractor Trolley of Swaraj make bearing Engine No. CJ1354LH006495 was seized. Petitioner was arrested. Thereafter the said tractor trolley of Swaraj make bearing Engine No. CJ1354LH006495 was seized by registering POR No. 9872/23 on 30.01.2021 for the offence punishable under Section 27, 29, 50, 51, 52 of Wild Life Protection Act, 1972 and under Section 41, 52 of Indian Forest Act.

4. From the aforesaid case of the prosecution, it is gathered that offence has been committed in the protected forest area and for the same offence, two proceedings cannot be initiated simultaneously.

5. Though petitioner has sought quashment of POR case but looking to the facts and circumstances of the case and the fact that offence has been committed in protected forest area, FIR bearing crime No. 25/2021 for the offence punishable under Section 379 of IPC, Section 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, Section 18(1) of the M.P. Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2006 and Sections 130 and 177 (3) of the Motor Vehicle Act, 1988 registered at Police Station Dimni District Morena is quashed.

6. Accordingly, petition is partly allowed.

7. C.c. as per rules.