SOHILUM MANYU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. K. Taja, learned counsel for the petitioner. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the respondent No. 1 and Ms. G. Ete, learned Additional Senior Government Advocate for the respondent No. 2.

(2.) By filing this application under Sec. 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed for quashing of the Complaint Case No. 04/2023, under Sec. 26 of the Indian Forest Act, 1927, under Sec. 24(a), (b) and 25 (a) (d) and (f) of the Assam Forest Regulation, 1891 and under Sec. 3A of the Forest (Conservation) Act, 1980 pending before the Court of the learned Chief Judicial Magistrate, Tezu.

(3.) The criminal proceedings emanate from Offence Report dtd. 16/2/2023, submitted by the Beat Forest Officer, Digaru Forest Beat, Digaru, District Lohit, wherein it is alleged that the petitioner has encroached the Reserve Forest land by constructing M.O.B.I. type building-cum-three storey RCC building and Fish Pond inside the Digaru Reserve Forest. The Offence Report is reproduced hereinbelow: