AVINASH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure (the Code) for quashing the order dated 10.3.1999, whereby and whereunder, the Additional Chief Judicial Magistrate, Bermo at Tenughat took cognizance of the offence under Ss. 33, 41 and 42 of the Indian Forest Act against the petitioner in Forest Case No. 30 of 1996/T.R. No. 830 of 2000.

(2.) Learned counsel for the petitioner submitted that Offence Report dated 24.6.1996 (Annexure -1) is itself illegal as no notification under Sec. 30 of the Indian Forest Act was made as well as there is no where mention in the prosecution report that the said trees were lying at the reserve area of the forest. It is true that there is no mention about the notification as required under Sec. 30 of the Indian Forest Act but the cognizance was taken under Ss. 33, 41 and 42 of the Indian Forest Act by order dated 10.3.1999. Thus the prosecution report was submitted after three years of the occurrence. There appears no reason as to why so much delay was made in filing the prosecution report as well as there is nothing on the record to show about the fact that the said trees were actually lying in the reserve area of the Forest.

(3.) In view of the above facts and circumstances, I find merit in this application which is allowed and the order taking cognizance dated 10.3.1999 passed by the learned court below is hereby quashed.