MANGLESHWAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In all the aforesaid cases, common questions of law arose, thus are heard together and dispose of by this order.

(2.) It appears that in all the above cases, learned Chief Judicial Magistrate, Daltonganj took cognizance against petitioner for the offences under Sections 33 and 63 of the Indian Forest Act and which are under challenge in these applications.

(3.) It is submitted by Sri Rajeev Ranjan Tiwari, learned counsel for petitioner in all cases, that lands in question are not forest lands, therefore, provisions of Indian Forest Act have no application. It is further submitted that petitioner is in possession of the said lands from long ago and by virtue of aforesaid possession they perfected their title over the same. It is submitted that at the earlier occasion also, Forest Department prosecuted petitioner on similar allegation, but in that case, after full fledged trial, petitioner was acquitted by Judicial Magistrate, 1st Class. It is submitted that in present cases petitioner implicated with malafide intention with a view to harass him. Accordingly, it is submitted that impugned order cannot be sustained.