LAWS(HPH)-2021-12-68

MAHANT RAM Vs. STATE OF HIMACHAL PRADESH

Decided On December 22, 2021
Mahant Ram Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Petitioners herein have approached this Court for quashing of FIR No. 69 of 2010, dtd. 3/5/2010, registered in Police Station Gohar, District Mandi, H.P., under Sec. 33 of the Indian Forest Act, 1927; Sec. 379 read with Ss. 34 and 119 of the Indian Penal Code; and Sec. 14 of the Prevention of Corruption Act and consequential proceedings arising out of aforesaid FIR in case No. 334 of 2013, titled State of H.P. Vs. Mahant Ram and others.

(2.) In present case, on the basis of rukka sent by Sub Inspector Madan Dhiman, FIR in question was registered, stating therein that during verification in the Wild Life Sanctuary Shikari Devi, 40 Pine trees were found to have been felled and there were signs of attempt to vanish the evidence of cutting those trees by burning remains of stem. Spot was also speaking about removal of timber and it appeared that these trees would have been felled within a period of two months. Considering it a case of illicit felling and theft of forest produce, case was registered under Sec. 33 of the Indian Forest Act and Sec. 379 of the Indian Penal Code.

(3.) During investigation, it was concluded by the Investigating Agency that petitioners Mahant Ram, the then Deputy Ranger, Nomeshwar Dutt and Khem Singh, the then Forest Guards had connived with other criminals for illegal felling, theft and transportation of forest produce, as it was their duty to protect the forest produce in the area concerned.