PINTU MUSAHAR Vs. STATE OF U P

JUDGEMENT

(1.) THE applicant by moving this application under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code) seeks to quash orders dated 24. 11. 2012 and 19.12.2012 passed by the learned Judicial Magistrate Ist, Bhadohi, Gyanpur rejecting the release application of the applicant moved in Case Crime No. 185 of 2012 under Section 4/10 of the U.P. Protection of Trees Act, 1976 (U.P. Act No. 45 of 1976) (hereinafter referred to as the Trees Act).

(2.) HEARD learned counsel for the applicant, learned A.G.A. and also perused the record.

(3.) THE facts of the case in brief relevant for the disposal of the case in hand are that following a tip -off the police seized timber blocks and woods of 'Sheesham' tree which was standing in the compound of primary school, Veerampur. A case under the aforesaid Sections of the Trees Act was registered against the applicant and one Gappu Singh (non applicant) imputing that both have fell the 'Sheesham' tree standing on the land of primary school, without obtaining requisite permission from the competent authority under the Trees Act. The applicant, however, moved application to release the timber and woods before the learned Magistrate concerned asserting that the timber and the woods have been unauthorizedly seized by the police from the possession of the applicant and one Gappu Singh.