Final Order 1

Order Details: Order below Ex-1
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C.C. No.1290/PS/2018
ORDER BELOW EXH.1.
1) Accused has filed this application for disposal of the case. It
is the submission of the accused that he is charged U/Sec.8 r/w
Sec.21 of Maharashtra Protection & Preservation of Trees Act
1975. That said matter comes under non cognizable cases and in
such nature of cases, no Police Officer shall investigate the same
U/Sec.155(2) of CrPC. That in the environmental cases, U/Sec.19
of Environment Protection Act, the chargesheet should be filed by
Central Government Authority. In said case, Police has filed
chargesheet. Hence prayed to dispose of above said case.
2) Ld APP has filed his say and submitted that in view of bar
provided under the Act for taking cognizance of present case,
necessary order in the interest of justice, may be passed.
3) Heard both sides. The Ld Advocate for the accused in
support of his application relied on following citation :
Sandeep Motilal Sanghavi Vs Tree Officer reported in
indiankanoon decided on 06.05.2014 by Hon'ble National Green
Tribunal (Western Zone) Bench, Pune. Wherein it is discussed
that “The enactment is aimed at preservation of the trees and
therefore is duly encompasses under the Environment (Protection)
Act, 1986
4) As per Sec.21 of Maharashtra Protection & Preservation of
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Trees Act 1975 the punishment is provided with the fine of not less
then one thousand rupees which may extend upto five thousand
rupees for every offence and also with imprisonment for a term of
not less than one week, which may extend upto one year.
5) As per Sec.19 of Environment Protection Act, 1986 no Court
shall take cognizance of any offence under this Act except on a
complaint made by,— (a) the Central Government or any
authority or officer authorized in this behalf by that Government;
or (b) any person who has given notice of not less than sixty days,
in the manner prescribed, of the alleged offence and of his
intention to make a complaint, to the Central Government or the
authority or officer authorized as aforesaid.
6) In this case, it appears that one Junior Tree Officer Mukesh
Ahire has filed complaint and as per his complaint, Andheri police
has conducted investigation and submitted chargesheet against
the accused. But as per Sec. 19 of Environment Protection Act,
Central Government or any Authority or Officer authorized in this
behalf by that Government or any person who has given notice of
not less than sixty days, in the manner prescribed, of the alleged
offence and of his intention to make a complaint, to the Central
Government or the authority or officer authorized as aforesaid, has
right to file complaint in respect of the offence levelled against the
accused. It appears that in said case, complaint is not filed as per
Sec.19 of Environment Protection Act. Therefore, as per Sec.19 of
Environment Protection Act, this Court has no jurisdiction to take
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cognizance of said FIR filed by the informant. Therefore,
considering above discussion and the ratio laid down in the
citation filed by the accused, said case/chargesheet is not tenable
to entertain and liable to be disposed of. Hence I pass following
order :
ORDER
1. Case is disposed of
2. Accused is discharged.
Sd/
Dt. 18.09.2021 (C.P. Kashid)
Metropolitan Magistrate
65th Court, Andheri, Mumbai.
ask
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