Case Note & Summary
The petitioner, Shri Mukesh Laxman Das Talreja, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of a charge-sheet filed by the Inspector of Police, Kasturba Marg Police Station, Borivali (E), Mumbai, for an offence punishable under the Maharashtra (Urban Areas) Preservation of Trees Act, 1975. The petitioner contended that even if the allegations in the complaint were taken at face value, no case was made out against him. Additionally, the petitioner argued that the offence under Section 21 read with Section 8 of the Act is non-cognizable, and the police had investigated the matter without obtaining prior permission from the Magistrate as required under Section 155(2) of the Criminal Procedure Code. The learned Counsel for the petitioner, Mr. M.S. Mohite, submitted that the entire investigation was illegal and without jurisdiction. The learned APP, Ms. S.U. Gajre, appeared for the State. The court, after hearing both sides, found that the offence under the Act is indeed non-cognizable and that the police had not followed the mandatory procedure of obtaining the Magistrate's permission before investigation. Consequently, the court held that the proceedings were liable to be quashed. The court allowed the petition, quashed the charge-sheet, and discharged the petitioner.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Non-Cognizable Offence - Section 482 CrPC, Article 227 Constitution of India - The petitioner sought quashing of charge-sheet under Maharashtra (Urban Areas) Preservation of Trees Act, 1975 on the ground that the offence under Section 21 read with Section 8 is non-cognizable and the police investigated without obtaining prior permission of the Magistrate as required under Section 155(2) CrPC - Held that the proceedings are liable to be quashed as the investigation was illegal and without jurisdiction (Paras 1-4).
B) Environmental Law - Tree Preservation - Sanction for Prosecution - Section 21 read with Section 8 Maharashtra (Urban Areas) Preservation of Trees Act, 1975 - The court noted that the offence under the Act is non-cognizable and the police cannot investigate without a valid sanction - Held that the charge-sheet is quashed and the petitioner is discharged (Para 4).
Issue of Consideration
Whether criminal proceedings under the Maharashtra (Urban Areas) Preservation of Trees Act, 1975 can be sustained when the offence is non-cognizable and the investigation was conducted without prior permission of the Magistrate, and whether the charge-sheet is liable to be quashed.
Final Decision
The court allowed the petition, quashed the charge-sheet, and discharged the petitioner.
Law Points
- Non-cognizable offence cannot be investigated without Magistrate's order
- Lack of sanction renders proceedings void ab initio
- Quashing under Section 482 CrPC and Article 227 Constitution of India
Case Details
2006 LawText (BOM) (04) 32
Criminal Writ Petition No.610 of 2006
Mr. M.S. Mohite for the Petitioner, Ms. S.U. Gajre, APP for the State
Shri Mukesh Laxman Das Talreja
The Inspector of Police, Kasturba Marg Police Station, Borivali (E), Mumbai-66
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Nature of Litigation
Criminal writ petition seeking quashing of charge-sheet under the Maharashtra (Urban Areas) Preservation of Trees Act, 1975.
Remedy Sought
Petitioner sought quashing of the charge-sheet and criminal proceedings initiated against him under the Maharashtra (Urban Areas) Preservation of Trees Act, 1975.
Filing Reason
Petitioner challenged the charge-sheet on merits and on the ground that the offence under Section 21 read with Section 8 of the Act is non-cognizable and the police investigated without prior permission of the Magistrate.
Issues
Whether the offence under Section 21 read with Section 8 of the Maharashtra (Urban Areas) Preservation of Trees Act, 1975 is non-cognizable?
Whether the police investigation without prior permission of the Magistrate under Section 155(2) CrPC renders the proceedings void?
Whether the charge-sheet is liable to be quashed under Section 482 CrPC and Article 227 of the Constitution?
Submissions/Arguments
Petitioner's Counsel submitted that even if the averments in the complaint are taken at face value, no case is made out against the petitioner.
Petitioner's Counsel submitted that the offence under Section 21 read with Section 8 of the Act is non-cognizable and the police investigated without obtaining prior permission of the Magistrate, making the investigation illegal.
Ratio Decidendi
An offence under Section 21 read with Section 8 of the Maharashtra (Urban Areas) Preservation of Trees Act, 1975 is non-cognizable, and the police cannot investigate such an offence without prior permission of the Magistrate under Section 155(2) CrPC. Any investigation conducted without such permission is illegal and without jurisdiction, and the resulting charge-sheet is liable to be quashed under Section 482 CrPC and Article 227 of the Constitution.
Judgment Excerpts
Heard the learned Counsel for the petitioner and the learned PAP for the State.
By this Criminal Writ Petition, the petitioner seeks to quash the charge-sheet which has been filed by the State in respect of the offence which is punishable under the provisions of the Maharashtra (Urban Areas) Preservation of Trees Act, 1975.
The learned Counsel appearing on behalf of the petitioner is seeking an order from this Court under Article 227 of the Constitution of India and under section 482 of the Criminal Procedure Code for quashing the criminal proceedings which have been initiated against the petitioner under the said Act.
The learned Counsel for the petitioner has challenged the said proceedings on merits by submitting, firstly, that even if the averments which are made in the complaint are taken at its face value, no case is made out against the present petitioner and, secondly, it is submitted by the learned Counsel that the offence under section 21 read with section 8 of the Maharashtra (Urban Areas) Preservation of Trees Act, 1975 is a non-cognizable offence
Procedural History
The petitioner filed Criminal Writ Petition No.610 of 2006 before the Bombay High Court seeking quashing of the charge-sheet filed by the Inspector of Police, Kasturba Marg Police Station, for an offence under the Maharashtra (Urban Areas) Preservation of Trees Act, 1975. The court heard the matter on 20th April 2006 and allowed the petition.
Acts & Sections
- Maharashtra (Urban Areas) Preservation of Trees Act, 1975: Section 21, Section 8
- Code of Criminal Procedure, 1973: Section 482, Section 155(2)
- Constitution of India: Article 227
