BALDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THE present petition seeks quashing of annexure -1. i.e. the forwarding report regarding the violation of certain provisions of Indian Forest Act and Saw Mills Regulation Act, 1990 and thereby commission of offences as indicated in the forwarding report addressed to the learned Chief Judicial Magistrate, Patna vide memo no. 509 dated 30.8.03 which is from the Forest Extension Officer of Patna area.

(3.) AS indicated above the petition seeks the quashing of the prosecution order passed by the learned C.J.M. on the prosecution report as regards the constitution of any offence which were alleged to be committed by the accused persons. However, it was contended that the offences which are sought to be taken cognizance on the prosecution report by the O.P. Nos. 2 and 3 are those under sections 41, 42, 52 and 64 of the Indian Forest Act and also under sections 7, 8, 9, 13. and 14 of the Saw Mills Regulation Act. I was taken through each of the provisions of the Indian Forest Act as also the Saw Mills Regulation Act to show that I could quash the criminal offence prescribing the sentence.