GURNAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for setting aside the criminal complaint dated 22.12.1999 Annexure P-5 including summoning order Annexure P-6 and all the subsequent proceedings.

(2.) BRIEF facts for the disposal of this petition are that the petitioners are real brothers and they are owners in possession of the land comprised in khewat/khatauni No. 39/64, khasra Nos. 10/14, 17/1, 17/2, 7-4, 2-13, 5-5 measuring 15 K 2 M plus the land comprised in Khewat/Khatauni No. 51/83, Khasra No. 10//7 (7-4) total measuring 22 K-6 M situated in the revenue estate of village Chhoti Rasour, H.B. No. 94, Tehsil Naraingarh, Distt. Ambala. It is further the case of the petitioners that the petitioners filed civil suit No. 657-CS of 1996 seeking decree for permanent injunction restraining the respondents from cutting and removing the eucalyptus trees from the land in dispute. The suit was decreed by the learned Civil Judge (JD), Ambala on 31.3.1998. Copy of the judgment has been placed on record as Annexure P-1. The respondent filed an appeal against the said judgment and decree before the learned District Judge, Ambala who also dismissed the appeal filed by the respondent. The respondent filed RSA No. 3322 of 1999 in the High Court of Punjab and Haryana which was also dismissed vide order dated 26.9.2001. Thereafter the Divisional Forest Officer, Ambala City filed complaint against the petitioners under Sections 32/33 of the Indian Forest Act in the Court of Presiding Officer, Special Environment Court, Hissar who in pursuance of the complaint passed the summoning order dated 22.12.1999 against the petitioners. The petitioners filed this petition on the ground that the complaint is not maintainable. The respondent has lost this case upto the High Court. It was further pleaded that neither the department could prove the land in dispute nor they could prove the plantation of trees by them.

(3.) I have heard the learned counsel for the parties and perused the record.