D BHATTACHARYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three applications under Section 482 of the Code of Criminal Procedure (shortly the Code) involve common question of law and, as such, they have been heard together and are being disposed of by this common judgment.

(2.) The petitioners have prayed for quashing the entire criminal proceeding initiated against them as well as the order taking cognizance for offences under Section 33 of the Indian Forest Act, 1927 , Forest Conservation Act, 1980 and Environment (Protection) Act, 1986 (hereinafter, for the sake of bravity, referred to as 'the Act of 1927, 1980 and 1986' respectively).

(3.) Before dealing with the grievances made by the petitioners, it would be appropriate to portray the factual backgrounds of the case. In Cr. Misc. No. 1337/90(R) a report was made by the Divisional Forest Officer, Ranchi West Division alleging inter alia, that for the purpose of carrying mining operation in the lease-hold area of M/s. Indian Aluminium Ltd., certain pillars have been removed from plot No. 215 which is notified as protected forest and thereby the petitioners have violated the provisions of Section 33 of the 1927 Act and also 1980 Act as well as 1986 Act. In Cr. Misc. No. 1339/90(R) allegation is of violation of the aforesaid three provisions on the ground that on the same plot No. 215 some trees were destroyed ; a list of seven trees was also given in the prosecution report having measurement and cost of each of the same. Similarly in Cr. Misc. No. 1340/90(R) allegation is that the lessee had demolished the marking pillars on plot No. 195 and some trees have been felled down and over burden dumped. On the basis of these three reports, three different forest cases were registered and the learned Judicial Magistrate has taken cognizance as aforesaid.