Vijay Bishnoi, J. - (1.)This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner with a prayer for quashing the Charge-sheet No.109/2015 dated 27.10.2015 filed by the police in FIR No.163/2015 of Police Station, Takhatgarh, District Pali.
(2.)Learned counsel for the petitioner has submitted that the charge-sheet has been filed by the police against the petitioner for the offences punishable under Sections 41 and 42/77 of the Rajasthan Forest Act, 1953 (for short 'the Act of 1953'). However, before conducting the investigation into the FIR No.163/2015, filed against the petitioner for the aforesaid offences, no order of the Magistrate was obtained by the Investigating Officer despite the fact that the offences under which the FIR was filed were non-cognisable.
(3.)Learned counsel for the petitioner has placed reliance on a decision of this Court rendered in Mohan Ram @ Manaram Vs. State of Rajasthan reported in 2016(1) WLC (Raj.) UC 631 and argued that if the police has conducted the investigation without the order of Magistrate concern in the non-cognisable offences, the said investigation and the charge-sheet, filed in pursuance of the said investigation, is liable to be quashed and set aside.