RAJESH KUMAR MITTAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure praying therein to quash the entire criminal proceeding arising out of Jehanabad P.S. Case No. 417 of 2001, corresponding to G.R. No. 1948 of 2001, registered under Section 414 of the Indian Penal Code, and under Sections 41 and 42 of the Indian Forest Act, as also order dated 8.8.2002 recorded by the learned Chief Judicial Magistrate, Jehanabad by which cognizance of offence was taken.

(2.) The allegation, in brief, is that forest produce including wooden logs in large number were seized by the official loaded on a truck of which the petitioner was subsequently found to be the owner. The driver had fled away and since no document could be found on the truck, the truck and forest produce were seized. Learned counsel submits that from the case diary it would appear that subsequently different claimants came before the Lower Court claiming to be the purchasers of the forest produces loaded on the truck, submitting receipts and the learned Chief Judicial Magistrate, Jehanabad ordered for release of those goods in their favour, on bonds, which was done. It was submitted that the case diary would show that the Police Officer had verified those receipts from the trader said to have issued those receipts after purchases, and found those entries in the register kept at that trade place.

(3.) Learned counsel also submitted that in view of such evidence the police had submitted final report in the case but the learned Chief Judicial Magistrate, on perusal of the case diary, found a prima facie case having been made out under the Penal Code, as well under the Indian Forest Act, as aforesaid, and took cognizance of offence.