MD. ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By this application under Section 482 Cr.P.C. the petitioners have prayed for quashing the entire criminal proceeding in connection with G. Case No. 212 of 2005 instituted against the petitioners for the offence under Section 33, 66(a) and 63 of the Indian Forest Act pending in the Court of Chief Judicial Magistrate, Hazaribagh.

(2.) Petitioners' case is that the aforesaid G. Case No. 212/2005 was instituted on the basis of offence report submitted by one Forest Guard of Bargaon Forest alleging inter alia that on 3.5.2005 he received secret confidential information to the effect that several Trucks have entered inside the forest area. When they entered inside the forest area, then they heard the sound of several persons and saw that about 150 to 200 people were indulged in illegal mining and they were loading the coal over the same trucks. According to the petitioner, he happens to be the owner of one of the trucks alleged to have been involved in the commission of the offence. Petitioner contended that although offence report was sent to the Chief Judicial Magistrate and the same was received on 4.5.2005 but till 3.11.2008 no prosecution report was filed by the prosecution, so that the Court may take cognizance of the offence. Learned Counsel for the petitioners submitted that the maximum punishment for the alleged offence is 2 years and, therefore, if prosecution report is filed in the Court after 3 1/2 years that would be barred under Section 468 Cr.P.C. and the continuance of offence will be the abuse of process of Court.

(3.) Petitioners' own case is that the offence was allegedly committed on 3.5.2005 and a complaint was sent to Chief Judicial Magistrate on 4.5.2005. A copy of the said complaint stent by the Forest Officer, Chainpur, Kuju, Ranchi to the Chief Judicial Magistrate, Hazaribagh has been annexed as Annexure-1 to this application. The said complaint reads as under: