Petition in nature of second revision not a proper case in which inherent power could be invoked under Section 482 CrPC

Madhya Pradesh High Court: This Criminal Case was filed before a Single Judge Bench of Rajendra Kumar Srivastava, J., by petitioner under Section 482 of the Criminal Procedure Code for quashing the charge sheet pending before the JMFC and order passed by Additional Sessions Judge under Section 3 and 22 of the Madhya Pradesh Vanopaj Abhivahan Niyam 2000, Section 26 (1)(6) of Indian Forest Act, 1927 and under Section 52/1 of the Kasht Chiran Adhiniyam, 1984.

Facts of the matter were that 14 doorposts made up of teak wood was found and seized by the Forest officials from the under-construction house of petitioner. For the above illegal activity, complaint was filed against petitioner. Petitioner had submitted that the teak wood doorpost was not illegal and showed the relevant document. The competency of the Range Officer was in question who had submitted the complaint against the petitioners. Revision court found that range officer was competent to file a complaint against petitioner under Section 76(d) of the Indian Forest Act.

High Court agreed with revision court that range officer was competent to file a complaint against petitioner. In addition to that in light of case of Krishnan v. Krishnaveni, (1997) 4 SCC 214 Court also observed that this petition filed under Section 482 of Criminal Procedure Code is in the nature of second revision, therefore, not a proper case in which inherent power could be invoked under Section 482 CrPC. Therefore, this petition was dismissed. [Ramgopal v. State of M.P.,2018 SCC OnLine MP 924, order dated 14-12-2018]

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