RAM PADARATH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned A.P.P. for the State.

(2.) Petitioner has filed this application under Section 482 of the Code of Criminal Procedure for quashing of the order dated 29.04.2013 passed by the learned Chief Judicial Magistrate, Vaishali at Hajipur in Bidupur P.S. Case No. 233 of 2012, Gr. No. 4002 of 2012/Tr. No. 3262 of 2013 whereby the learned Magistrate while issuing the process after receiving Charge-sheet No. 62 of 2013 dated 31.03.2013, took cognizance against the petitioners under Section 414 of the Indian Penal Code and Section 33 of the Indian Forest Act, 1927 (hereinafter referred to as the Act).

(3.) The prosecution case is based on the written report of the Circle Officer, Bidupur dated 27.09.2012, who on the basis of complaint made by the local people, including one Braj Kishore Singh of village Khilwat about illegal cutting of trees, raided the saw mill of the petitioners and reached M/s Amar Nath Saw Mill situated at Bidupur Bazar and saw petitioner no.2, Sudhir Sharma, who reported that petitioner no.1, Ram Padarath Sharma is the owner of the saw mill. The Circle Officer found huge quantity of timber lying in the saw mill and when asked to produce the licence, both the petitioners fled away. Thereafter, saw mill of the petitioners was seized.