VIJAY DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rama Shanker Mishra, learned Counsel for the applicants and learned A.G.A. for the State. This application under section 482 Cr.P.C. has been filed for quashing the entire proceeding of Criminal Case No. 1203 of 1998 under sections 379, 411 IPC and section 4/10 of U.P. Protection of Trees Act, 1976, P.S. Salempur, district Bulandshahr, pending currently in the Court of A.C.J.M. Court No. 3, Bulandshahr.

(2.) The prosecution case in brief is that on 22.7.1998 at about 11 p.m. when the police party was on it's patrolling duty, an information was received that Smt. Vijay Devi, the Gram Pradhan of the village and her husband Rameshwar Dayal had got the green woods of Sheesham, Neem and Saijan tree of the Gram Samaj which were cut down and were hidden in the Jungle and was likely to be taken to some other place in the midnight. On the said information, the two police constables namely Sukhbir Singh and Mohar Singh who were on patrolling duty had reached at Marauni Tiraha at about 11.30 hours. They saw truck No. U.P. 13-0828 coming from the village Marauni and the said truck was stopped at that Tiraha and was checked by the constables and they found that the truck was loaded with green woods of Sheesham, Neem and Saijan trees. A person sitting on the said truck Prem Chandra informed the police party that the said trees were cut down by the husband of the Pradhan namely Rameshwar Dayal and he showed some papers of village Pradhan namely Smt. Vijay Devi regarding the said woods on which there was signature of the village Pradhan. It was further informed that they did not have permission for cutting down the trees. The said truck loaded with the woods were seized and kept in village Parogani. It was informed by the truck driver that the Pradhan had stated that in the night, there is police checking at various places, hence the said truck was being taken to village Dewai. The Police party suspecting that the Pradhan of the village and her husband had sold the said woods in an illegal manner. Hence the case was registered for the offence under section 4/10 of U.P. Protection of Trees Act, 1976 and section 379. IPC. The FIR was lodged against one Shyamveer who is said to be the purchaser of the woods of the said trees. Padam Singh was the driver of the said truck and Prem Chand who had got the trees cut down also had share in the woods of the said trees. The driver was not having driving license nor any papers, hence the driver of the truck was also challaned under section 183, 192, 194, 196 and 207 of Motor Vehicles Act.

(3.) The FIR of the incident was lodged by a constable of Police Station Salempur, district Bulandshahr as case crime No. 60/1998 under section 379, 411 IPC and 4/10 of U.P. Protection of Trees Act, 1976 on 22.7.1998 at 18 hours. The investigation was carried out and the charge sheet was submitted against the applicants on 26.9.1998 and cognizance was taken by the learned Magistrate. Thereafter applicants moved discharge application before the learned Magistrate and the same was rejected vide order dated 20.7.2001.