BHARAT BUSHAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition moved under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioners have challenged the order dated 25.09.2004 passed by Chief Judicial Magistrate, Hardwar in criminal complaint case No. 3095 of 2004 whereby the petitioners have been summoned as accused on the complaint of respondent No. 2 with regard to the offences punishable under sections 392, 395, 504, 506 IPC.

(2.) Heard learned counsel for both the parties.

(3.) Facts, as narrated in the affidavit in support of above petition, are that the petitioners are Officers/employees of Forest department serving in Raja Ji National Park. All the petitioners are public servants/forest officers as defined in Section 73 of Indian Forest Act, 1927 and Section 59 of Wild Life (Protection) Act, 1972. In para 5 of the affidavit it has been stated that on 11.05.2004 petitioners received an information that some persons had entered in Raja Ji National Park in a truck on which they rushed to the spot. The petitioners found that two persons were cutting timber and two were loading the same in the truck within the forest area. According to the petitioners a preliminary offence (H-2 case) was registered by petitioner No.5 which was numbered as 48/04-05. A seizure report was prepared and a complaint was filed against four persons who were arrested in connection with the offences punishable under sections 26 and 51 of Indian Forest Act, 1927 and offences punishable under sections 27, 29, 31, 35 of Wild Life (Protection) Act, 1972. Said complaint was filed before the Chief Judicial Magistrate on 12.05.2004. Petitioners' case is that in said case accused were enlarged on bail. Respondent No. 2 Raj Kumar stood surety for one of the accused in said case. According to petitioners, petitioners were roped by respondent No.2 in a criminal complaint No. 3095 of 2004 making allegations against the petitioners of offences punishable under sections 392, 395, 504 and 506 IPC for forcibly removing the timber to the office of forest department. The petitioners have challenged the cognizance taken by the Chief Judicial Magistrate on said complaint on the ground that the Magistrate has erred in law in not considering the provisions of Section 74 of Indian Forest Act, 1927 and Section 27 of Wild Life (Protection Act, 1972 apart from the provisions contained in Section 197 Cr.P.C.