JAI NARAYAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole accused of G.O. Case No. 308 of 2006, TR No. 1856 of 2007 has prayed for the quashing of the order dated 5.9.2006 passed by the learned Chief Judicial Magistrate, Samastipur, whereby he has taken cognizance of offences under Sections 5, 7, 8, 9, 10, 13, 14 and 15 of the Bihar Saw Mills (Regulation) Act, 1990 (hereinafter referred to as "the Regulation Act") and Sections 41 and 42 of the Indian Forest Act, 1927 .

(2.) The Range Officer, Samastipur, submitted a written report dated 7.9.2001 signed on 31.12.2001 which was forwarded to the Divisional Forest Officer, Begusarai, stating therein that on 6.9.2001 he came to know that an illegal Saw Mill located at Sari was in operation whereupon he alongwith armed forces went there and found the said Saw Mill in running condition and it was learnt that the said Saw Mill belonged to one Jai Narain Sharma. It was further alleged that the said Saw Mill owner did not possess any licence to operate the same and had thereby committed the offences under Sections 5, 7, 8, 9, 10, 13, 14 and 15 of the Regulation Act and Sections 41 and 42 of the Indian Forest Act and thereupon the Range Officer seized the said Saw Mill alongwith some illegal woods stored therein.

(3.) Assailing the impugned order, it has been submitted that the cognizance has been taken beyond the period of limitation and is, therefore, an abuse of the process of the Court. In this connection, it was sought to be submitted that in a similar situation a Bench of this Court vide order dated 4.12.2007 passed in Criminal Misc. No. 42216 of 2007 (Ram Bilas Thakur V/s. The State of Bihar) had quashed the entire proceedings.