STATE OF MAHARASHTRA Vs. MOHAMMAD SHABBIR

JUDGEMENT

(1.) THIS matter was listed for final hearing before this Court on 11-1-99. Since, Shri Varma the learned counsel for the respondent No. 1 was absent on that day, this Court has adjourned the matter by way of last chance in order to give opportunity to the respondents to appear in the matter on the next date. However, even today the counsel for the respondent No. 1 is absent and hence the matter is proceeded on merits.

(2.) HEARD Shri Badar, the learned special counsel for the petitioner.

(3.) THE present writ petition is directed against the order dt. 30-10-96 passed by the Judicial Magistrate First Class, Mohadi below Exh. 1 and 3 in Criminal Case No. 57/96 whereby the present non-applicants 1 and 3 were discharged from the offence punishable under Sections 41 and 42 of the Indian Forest Act and the property was returned to the complainant i. e. Forest Department. The petitioner-Forest Department filed the Revision against the order of discharge passed by the Judicial Magistrate First Class, Mohadi before the Sessions Judge, Bhandara. Similarly, the respondent No. 1 also challenged the order passed by the Judicial Magistrate First Class, Mohadi in respect of the return of property to the complainant i. e. the Forest Department by way of appeal before the Sessions Judge, Bhandara. The Revision preferred by the petitioner as well as the appeal filed by the respondent No. 1, came to be heard by the Sessions Judge, Bhandara and by common Judgment dt. 26-2-97 the Sessions Judge, Bhandara dismissed the Revision Application No. 12/97 filed by the petitioner and allowed the criminal appeal No. 45/96 preferred by the respondent No. 1. Being aggrieved by the same the petitioner preferred the present writ petition on both the counts.