SISTER SUPERIOR CLEMENTINE Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the proceedings of Crl. Case No.521/97, DFO Vs. Sister Superior Clementine pending in the court of CJM Dehradun.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In brief, the facts of the case are that on 8.3.1997 the respondent no.2 while on patrolling duty, saw that on the private forest land declared by the Government, without prior permission of the State Government/Forest Department, construction of a building was being done by digging the forest land for non-forest purpose. On being enquired, the labourers working on the site informed that the construction work was being carried out as per the orders of petitioner and they were employed by co-accused Rajiv Malhotra, contractor. It was also stated that for this non-forest work, the accused had not obtained prior sanction from the Government/Forest Department. Therefore, the complainant was filed as per Sections 5, 6, 7, 9 and 15 of U.P. Private Forests Act, 1948 [hereinafter to be referred as Act of 1948] as well as the provisions of Section 2 and 3-A of the Forest Conservation Act, 1980 [hereinafter to be referred as Act of 1980]. Thereafter, the petitioner filed an objection which was rejected by the CJM Dehradun vide order dated 18.12.2000. The petitioner also preferred a revision which was also dismissed by the Sessions Judge, Dehradun vide judgment and order dated 14.1.2002. Assailing the entire proceedings, this petition has been filed.