JOHN ALBERT Vs. STATE

JUDGEMENT

(1.) This is an application for anticipatory bail by a Divisional Forest Officer. This case presents a very gloomy picture as to how administration of criminal justice is being obstructed and impeded by gross negligence and wilful indifference of the Officer in charge of Sahebganj Police Station as well as the Superintendent of Police, Sahebganj in discharging their official duties and responsibilities enjoined to their office.

(2.) A case has been registered against the petitioner under sections 384 and 511/34 of the Indian Penal Code at Sahebganj Police Station, bearing Sahebganj P.S. Case No.0078 of 1984 (G.R. Case No.156 of 1984), at the instance of the Munshi of Rajesh Industries, Madhepura. It is alleged that when the truck belonging to the said firm was moving with woods, it was stopped by the staff of the Forest Department who demanded papers for removal of the woods from the forest. The staff being not satisfied with the removal of the wood from the forest, directed the truck to proceed to Sahebganj along with the Munshi, the informant of this case. It is said that thereafter a sum of Rs. 2,000/- was demanded by the jeep driver. The truck was brought to the residence of the Divisional Forest Officer. The jeep driver thereafter met the petitioner and taking the informant ten steps away asked for Rs. 1,000/- for the release of the truck. On this information the present case has been launched.

(3.) The case of the petitioner, on the other hand, is that the Forest Guard lodged a first information report prior to the institution of this case, which was registered as Sahebganj P.S. Case No.007 of 1984, for illegal removal of the woods by the informant of this case and the trucks were taken to the police station. A case was instituted by the Forest Department under section 414 of the Indian Penal Code against the driver of the truck. In the instant case, the jeep driver of the Forest Department was arrested but was released on bail on 12-4-1984. It is further said that the petitioner who is a member of the Indian Forest Service, had some difference with the Superintendent of Police posted at Sahebganj and because of this difference, in order to humiliate the petitioner who is a responsible public officer, this case has been instituted.