HARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Miscellaneous Petitions have been preferred for quashing the entire criminal proceedings pending before the Court of Judicial Magistrate, Bhadra, Hanumangarh. These proceedings pertain to Criminal Regular Case No. 431/2015 and Criminal Regular Case No. 430/2015, arising from alleged offences under the Forest Conservation Act , 1980 and the Rajasthan Forest Act , 1953.

(2.) Brief facts of the cases are that on 30/8/2002, the Regional Forest Officer filed complaints against 17 individuals before the Judicial Magistrate, Bhadra. The complaints allege that the Maharana Distributary, originating from the Amar Singh Canal and extending to Maharana Village, traverses land designated as a protected forest division. The Forest Department had undertaken afforestation and maintained the trees in the area. In June 2001, the Public Works Department (PWD) proposed constructing a road from Village Janana to Maharana without informing the Forest Department. Subsequently, during July-August 2001, without obtaining permission from the Forest Department, contractors engaged by PWD employed laborers to cut down trees along the embankments of the Maharana Distributary, which were legally protected. Since no direct witnesses could identify the individuals who felled and removed the trees, the names of laborers, contractors, and officers from the PWD and Irrigation Department were listed as accused persons. The road construction, executed without prior approval, also involved tree felling, which constitutes an offence under the Forest Conservation Act , 1980, and the Rajasthan Forest Act , 1953. Consequently, criminal complaints were lodged. After learning about the illegal tree felling, the Forest Department initiated correspondence with the relevant authorities. However, due to non-cooperation from the concerned government departments, an inquiry was sought.

(3.) Compounding Applications and Proceedings: