KEWAL RAM CHAUHAN Vs. PRITHIPAL SINGH BAKSHI

JUDGEMENT

(1.) Aggrieved from the order dated 20-5-1987 passed by Special Judge, Simla (Sessions Judge, Simla), the petitioner has filed this petition under Secs. 397/401 read with section 482 of the Code of Criminal Procedure (hereinafter the Code). The learned Special Judge declined the prayer of the petitioner for sending his application to police for investigation and registration of a case against the respondents.

(2.) Briefly, the facts are that the petitioner filed an application on 14-5-1987 under section 156 (3) of the Code read with section 8-A of the Criminal Law Amendment Act, 1952 (hereinafter the Amendment Act) with a prayer for ordering investigation and registration of a case under sections 379/420/120-B, I.P.C. read with sections 41 and 42 of the Indian Forest Act and section 12 of the Timber Transit Rules and section 5 (2) of the Prevention of Corruption Act against the respondents. The petitioner alleged that respondent Nos. 2 and 4 entened into an agreement with respondent No.1 on 6-6-1970, for sale of walnut and maple trees standing in Jadgi forest area of Sarahan and Kanchi forest (Kulei) area. Some money was paid by respondent No.1 to respondent Nos. 2 and 3, but before the various procedural formalities could be completed, the ownership of the land (upon which the. trees stood) vested in the Government of Himachal Pradesh under the provisions of the Himachal Pradesh Land Ceiling Act, 1973 (hereinafter the Ceiling Act) which came into force from 24-1-1971. The respondent No.2, being a Member of Parliament and now being Chief Minister of Himachal Pradesh, exercised political pressure and undue influence upon the D.F.O., Kotgarh (respondent No.4) due to which the respondent No.4 allowed the conversion of the trees, carriage and transportation of timber by issuing a felling order dated 2-7-1973 without verifying the ownership of the land. The felling order was issued for 308 walnut and maple trees which stood in Khasra Nos. 553/1627, 617/1627, 758/668 and an amount of Rs. 12,870 as 25% of the royalty chargeable under Jaw, was deposited by respondent No. 1, The respondent Nos. 2 and 3 accepted payment from respondent No.1, fraudulently and with mala fide intentions knowing fully well that the land under the trees had vested in the Government and only 60 bighas of land of Khasra No- 758/668 had remained in the ownership of respondent No.3, while the remaining land upon which the trees stood, had vested in the State.

(3.) 195 of walnut arid 113 trees of maple (total 303 trees) were demarcated and certified to be the ownership of respondent Nos. 2 and 3 and the same were marked for felling. Respondent No.1 felled several trees during 1973-74 and three export permits were issued by respondent No. 4 on 2-3-1974 (for 8 trucks), on 21-2-1977 (for 23 trucks) and on 20-5-1978 (for 15 trucks) and the respondent No.1 could carry this timber outside the territories of Himachal Pradesh for sale.