GEETA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a writ petition against the order dated 26. 5. 2007 passed by the Judicial Magistrate, Bansi, Siddharth Nagar in Criminal Case No. 42/2007, State v. Chiunti Singh alias Ram Naresh under section 4/10 U. P. Protection of Trees Act and the judgment and order dated 9. 10. 2007 passed by Sri Om Prakash Misra, Additional Sessions Judge F. T. C. . Court No. 2 Siddharthnagar in Criminal Revision No. 136 of 2007, Smt. Geeta Singh v. State of U. P. arising out of the aforesaid order of the Magistrate in the above case.

(2.) HEARD the learned Counsel for the petitioner and the learned A. G. A. for the opposite party at the admission stage, and the writ petition is being disposed of finally at this stage with the consent of the parties.

(3.) THE facts relevant for disposal of this writ petition are that on 5. 3. 2007 a F. l. R. was registered against Chiunta Singh, husband of the petitioner Smt. Geeeta Singh on the basis of the report of Sri Prakash Dixit Sub-Inspector in which it was alleged that he received information from an informer that several green Sisam trees had been cut by the accused Chiunta Singh and that the wood of those trees shall be sold at Balrampur. Then Sri Prakash Dixit reached the spot and found that nineteen green Sisam trees had been cut 2-3 days ago and their Botas (pieces of trees) worth Rs. 60,000/- had been prepared and upon inquiry Sri Prakash Dixit came to know that the garden of these Sisam trees was owned by Chiunta Singh and Chiunta Singh had cut those trees without any permit for cutting green trees. On the basis of this report a case under section 4/10 of U. P. Protection of Trees Act was registered against Chiunta Singh alias Ram Naresh.