1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1049 OF 2010 Shridhar S/o.Murlidhar Tathe, Age-50 years, Occu-Agriculturist, R/o.Bhagathana, Tq.Gangapur, Dist. Aurangabad APPLICANT VERSUS The State of Maharashtra, The Superintendent of Police, Aurangabad, Tq. And Dist. Aurangabad. RESPONDENT Mr.A.B.Karande, learned counsel for applicant. Mr.S.G.Nandedkar, learned APP for State CORAM : A.V.POTDAR, J. DATE : 23/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court u/s. 482 of The Cr.P.C. to quash the FIR registered in Sillegaon Police Station, Tq. Gangapur vide CR No.7/2010, registered for the offence punishable u/s. 379 r/w. 34 of The IPC and section 4 and 5 of The Indian Wood Cutting Act to the extent of present applicant. 2. Considering the limited question, which require to be considered in this application, this application is heard at the stage of admission itself. 2 3. Heard learned counsel for applicant, learned APP for State. The said offence came to be registered on the basis of complaint of one Police Constable Harishchandra Sahebrao, B.No.849. There is an allegation in the said complaint that on the basis of secret information received, after completing free trap formalities, in the presence of panch witnesses, panchnama was prepared and the field of the present applicant was raided in the presence of those panch witnesses. At that time, 2 persons were found cutting the sandle wood trees standing in the field of applicant. There is allegation in the complaint that on seeing the police party, the present applicant ran away from the spot, but the 2 persons Sanjay and Santosh were found on the spot, who were cutting the tress and converted the wood into small pieces. It is not under dispute that this sandle wood tree was standing in the field of present applicant. It is tried to urge across the bar on behalf of applicant that those 2 persons were cutting the sandle wood tress in his absence, and without his permission. Admittedly, no such permission was obtained as required under the provisions of Forest Act. In the premise, whether the complainant has a knowledge about cutting of sandle wood trees at the hands of those 2 persons or not is a disputed question and can not be decided in the application u/s. 482 of The Cr.P.C. Considering this aspect, application sans any merit, hence rejected. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1049-10