UMED SINGH Vs. STATE

JUDGEMENT

(1.) THE present petition has been filed challenging the order dated 15-03-2008 of the learned Metropolitan Magistrate (for short, ?mm?), delhi dismissing the complaint cases (being CC 875/01 and CC 876/01) filed by the petitioner and respondents 2-6 respectively against each other. The complaint cases being in the nature cross complaints, the petitioner has challenged this order only in respect of the dismissal of CC 875/01.

(2.) THE petitioner claims to have purchased small plants of Safaida trees from Mehta nursery and Mahavir Nursery in the year 1986 and planted the same on his plots in khasra nos. 539/01 and 539/02 at mahipalpur, New Delhi stated to be owned by his wife. The plants over time grew into trees. The petitioner filed a criminal complaint (being CC 875/01) alleging that the respondents cut down safaida trees on the night of 11/12-07-1999. It was also claimed that the Forest Department had issued a show cause notice to all the respondents (respondents 2- 6 herein ).

(3.) PURSUANT to the said complaint, the learned mm ordered an inquiry under s. 202 of the code of Criminal Procedure (hereinafter referred to as ?cr. P. C? ). The petitioner alleges that although the report stated that the trees had been felled and taken away, process was not issued. It is also claimed that CW 2 being the Assistant Conservation Officer, forest Department found that the trees had been cut and held the respondents guilty of so doing.