SANJAI AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Manoj Tiwari, learned counsel for the applicants, learned AGA for respondent no. 1 and Sri Anup Verma, holding brief of Sri C.D. Bahuguna, learned counsel for respondent no. 2.

(2.) THE applicants had preferred this application under Section 482 of Cr.P.C. for quashing of Criminal Complaint No. 440 of 1991 filed by respondent No. 2, chargesheet dated 27.03.1991 and impugned order dated 08.12.1992 passed by Chief Judicial Magistrate, Almora in Criminal Case No. 440 of 1991 (State of U.P. vs. Sanjai Agarwal and others).

(3.) THE brief facts of the case for disposal of this petition are that applciants made search of the premises of opposite party no. 2 on 12.06.1990 and the same was continued till 15.06.1990. During the search some illegal forest produce was found in the factory premises of respondent no. 2. The storage of which was strictly prohibited under U.P. Resin and Other Forest Produce (Regulation of Trade) Act, 1976 and is punishable under Section 14 of the said Act. The said offence was also punishable under section 26 of Indian Forest Act. This search was made in presence of Divisional Forest Officer, East Almora, Sub Divisional Officer (Forest) and other revenue officers.