MUNICIPAL CORPORATION Vs. K C KHANNA

JUDGEMENT

(1.) Shri Prem Chand, a Forest Guard of Municipal Corporation, Shimla the Corporation, has Khalini beat, On 15th March, 1983 he was patrolling with a B.O. and Pratap Singh, Forest Guard. In the compound of Ravensdale, Chhota Shimla, be saw that the owner of the house bad kept on apple tree, one miscellaneous tree and 9 small saplings of apple in the shed. He reported the manner. In the report it was stated accused K. C. Khanna, sb Kedar Nath R/o Ravensdale, Chhota Shimla-2, has been apprehended white causing damage to the jungle. It may straightaway be noticed that the report is on a form printed in Rindi and this Forest Guard did not strike out affirmatives which are printed in the form. In this report name of one Ravi Kumar of ladies park, the mall Shimla, is mentioned as a witness. At the place where the signatures of the accused are required to be obtained, it is written was not present. In other words Shri K. C. Khanna was never contracted by this Forest Guard nor was he present at the time when the Forest Guard visited the said place. A formal complaint dated 19.6.1983 by the Tree officer, who has been delegated and was exercising the powers of the Commissioner of the Corporation, was filed: only prem chand, Forest Guarde and Ravi kumar were mentioned as the witnesses. It was alleged that the afore mentioned trees were cut in contravention of the provisions of Chapter XXII of the Himachal Pradesh Municipal Corporation Act) 1980 (the Act) and in contravention of the provisions of the Himachal Pradesh Municipal (Prevention of Soil Erosion and Hill Side Safety) Rules. 1975. It was prayed that the accused be summoned under section 416 of the Act and tried in accordance with law. When this matter came up before Shri Ram Lal Azad, Judicial Magistrate lInd Class, (Shimla) he directed the criminal Ahalmad to check-up and put up on 27.5.83. The Ahalmad reported this challans of Forest Act filed by the A.P.P; Forest which is in time. Challans filed with supurdnama accordingly. Submitted please On 27.5.1983 Shri D.S. Mantan, Range Officer was present for the complainant. The Magistrate ordered: T1Report seen. The challan be registered. Accused be summoned for 27.6.1983.

(2.) Prem Chand, Forest Guard, again decided to look into the compound of the Ravensdale on 20th March, 1983. He found two plum trees of class IV and two small apple saplings to have been cut and kept in the store. Prem Chand again put up a report about it on the similar printed form and in the same manner. This time one Gulam Kadir Naik was the witness. As referred the matter to B.O who put it; up before the Tree Officer for filing a complaint under section 416 of the Act. It is also dated 19.5.1983. The procedure followed was exactly the same as in respect of the earlier complaint and the same Magistrate issued summons to Shri K. C. Khanna as accused.

(3.) Now, the summons were issued to Shri K.C. Khanna in respect of an offence under section 33 of the Indian Forest Act. When this matter came to my notice, I decided to exercise, my revisional powers and issued notices to the Corporation as well as to Shri K. C. Khanna as it appeared to me that the Magistrate had summoned Shri K. C. Khanna as an Accused in routine without going through the record and without applying his mind.