Rahul S/O Rajendra Deshmukh And Antoher v. The State Of Maharashtra Thr. Pso, Ps, Sitabuldi Nagpur, Dist. Nagpur And Antoher

1 911-apl 1689.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO. 1689 OF 2024 ( Rahul s/o Rajendra Deshmukh and another vs. State of Maharashtra through PSO PS Sitabuldi, Nagpur ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of direction, Court's or Judge's order and the Registrar's orders.

Mr. S.R.Kadam, Advocate for the applicants.

Mr. A.B.Badar, APP for the non-applicant No.1. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ. ATE : NOVEMBER 27, 2024 1) Heard learned Counsel for the applicant.

2) It is contended that the offence U/s 21(1) of The Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, is punishable with a fine only and non-cognizable. Also, the present case is governed by the decision dated 19/12/2018 passed in Writ Petition No.1189/2017 and, therefore, prayed for quashing the FIR.

3) Issue notice to the non-applicants, returnable after three weeks.

4) Learned APP waives service of notice on behalf of nonapplicant No.1. (ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 28/11/2024 14:55:36 KOLHE