STATE Vs. RAM SAHAI SHARMA

JUDGEMENT

(1.) This revision petition under sections 397 and 401 read with section 482, Cr. P. C. has been filed against the judgment dated 8 -9 -1993 passed by the learned Special Judge, Kangra at Dharamsbala in case No. 8 -N of 1993, By the impugned judgment the learned Sessions Judge discharged six present respondents of the charge under sections 379/420/467/468/471/120 -B, IP.C, and under sections 41 and 42 of the Indian Forest Act and also under section 5 (2) of the Prevention of Corruption Act, 1947.

(2.) Briefly stated the facts are as follows. A news item appeared in the newspaper, Punjab Kesari, dated 22 -7 -1982 in which it was reported that some illicit felling of trees was taking place in Ambel beat of Mastearh forest of Kotla Range of Nurpur Division. On the basis of this news item, the forest department of the State Government took suo motu action and deputed one Shn R. S. Hazooria who was at that time Assistant Conservator of Forests, Dharamshala to enquire into the matter The said officer conducted the enquiry and after completion of the enquiry submitted his report to the Conservator of Forests, Dharamshala The report was forwarded to the Deputy Inspector General of Police, Enforcement who in turn ordered the case to be registered on the basis of such report Accordingly F I. R. No. 34 of 1984 was registered at Police Station Enforcement, North Division, Dharamshala on 3 -12 -1984 The police after enquiry submitted chalian against all the present six respondents who are forest officials. The learned trial Court on perusal of the relevant papers, by the impugned judgment, held that no prima facie case has been made out against all the accused respondents and accordingly discharged them. Hence the present revision petition.

(3.) Heard Mrs. Shyama Dogra, learned Deputy Advocate General and Mr. Jagdish Vats and Mr. Naresh Sood, learned Counsel for the respondents.