T S K REDDY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants Have Moved This Court By Filing The Present Application under Section 482 of the Criminal Procedure Code for quashing the proceedings pending before the learned Special Judge, at Kelapur, District Yavatmal vide Special Case No.2/2008. The applicants along with the other accused are facing trial for the offences punishable under Sections 120B, 166, 420 and 468 read with Section 34 of the Indian Penal Code and Section 3(2)(vii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The said chargesheet was filed after investigation of Crime No.15/2003 of Patan Police Station, District Yavatmal. The applicants are Forest Officers and two other accused are contractor Mr. Amin Seth and his accountant Mr. Prabhakar Madavi. The said crime was registered on the complaint made by the complainant Sonu Pandu Atram. The complainant Sonu Pandu Atram admittedly belongs to 'Gond' community, which is a Scheduled Tribe. Admittedly, he had agricultural field situated at Gat No.6/1, Pandharkawada. Admittedly, there were teak wood trees in the said field. It is further admitted position that the complainant was covered by the provisions of the Maharashtra Sale of Trees by Occupants Belonging to Scheduled Tribes (Regulation) Act, 1969 (hereinafter referred to as "the Act'). The applicant No.6 Shri Pawar falls within the definition of 'Collector' as defined in Section 2(1)(c) of the Act. The 'Collector' is defined as under :

(2.) The applicant Nos.1 to 6 were working as, Deputy Conservator of Forest, Pandharkawada; Assistant Conservator of Forest; Pandharkawada, Forester, Pandharkawada; Forest Guard, Pandharkawada; Range Forest Officers, Pandharkawada respectively. The complainant had sought permission to sell 303 teak wood trees described hereinabove. It is alleged by the complainant that the documents were manipulated by the applicants and instead of granting him permission of cutting 303 teak wood trees, a permission was granted for cutting 129 teak wood trees. It is further alleged that the applicants managed to engage the contractor to cut the teak wood trees and they had cut all 303 teak wood tees in his field and by manipulating the documents they had shown that only 129 teak wood trees were cut. The amount recovered after selling of trees was deposited in the bank account of the complainant. The sale proceeds for rest of the trees were allegedly pocketed by the applicants and other accused. This incident had occurred about one year before lodging of the complaint. The complaint was lodged on 29th June, 2003. It is necessary to be mentioned here that the complaint was not personally lodged by the complainant, but it was lodged by Vidarbha Jan Andolan Samiti accompanied by affidavit of the complainant. On such complaint being made to Patan Police Station, investigation was taken up. During the course of investigation, it was found that in fact 303 teak wood trees were cut and the complainant was given sale proceeds of 129 teak wood trees. The sale proceeds of rest of the trees, in collusion with the contractor, were pocketed by the contractor and other accused including the Forest Officers who are applicants herein. The loss allegedly caused to the complainant due to this act on the part of the applicants and others was estimated as Rs.6,00,000/.

(3.) During the course of investigation, the police had visited the field from where the teak wood trees were cut. Panchanama was drawn and statements of witnesses were recorded. It was revealed during the course of investigation that in fact there were 303 teak wood trees standing in the agricultural field and all the trees were cut and were taken away.