DATTU Vs. RANGE FOREST OFFICER

JUDGEMENT

(1.) By this writ petition, the petitioner-original accused, is seeking quashing and setting aside the complaint bearing R.C.C. No. 60 of 2008, later on, after committal, bearing Sessions Case No. 12 of 2008 pending before the learned Sessions Court, at Jalgaon.

(2.) Brief facts giving rise to the present criminal writ petition are as follows:-

(3.) Learned counsel for the petitioner submits that the Chief Executive Officer, Zilla Parishad, Jalgaon had granted permission to Gram Panchayat, Nanded regarding falling of 3200 thorny trees/ bushes standing on the Gairan land, vide letter dated 12.12.2006. On 14.2008, respondent No.1, who happened to be Range Forest Officer, had been to the office of village Panchayat and inquired about the work of cutting of thorny bushes and herbs and he had illegally demanded Rs.50,000.00 from Sarpanch of the village and threatened to register the offence, in case his demand is not fulfilled. The news item was published in the newspaper, indicting that vast felling of trees is going on in the village Nanded. Consequently, on 17.2008, the Assistant Deputy Conservator of Forest, Jalgaon, has conducted enquiry, as directed by the higher officer and carried out spot panchnama as well as recorded the statements of Sarpanch and other persons in the village. During the course of enquiry, it was revealed that respondent No.1, Range Forest Officer, has filed false complaint only for the reason that the Sarpanch of village Panchayat has not fulfilled his demand. Learned counsel submits that in view of the said enquiry, respondent No.1 came to be suspended by the forest department. Respondent No.1-original complainant, having fully aware that the departmental enquiry has been commenced against him and he is likely to be suspended, hurriedly approached the court and filed a private complaint against the present petitioner, which is numbered as R.C.C. No. 60 of 2008. Learned counsel for the petitioner submits that even respondent No.2-State has admitted the said position in the affidavit in reply filed by the Assistant Conservator of Forest (E.G.S.), Jalgaon Forest Division, Jalgaon. Learned counsel submits that the continuation of said proceedings would be an abuse of court process.