LAWS(JHAR)-2002-4-11

MALA JHA Vs. STATE OF JHARKHAND

Decided On April 24, 2002
MALA JHA Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This application has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 14/9/2001, whereby and where finder the learned Additional Chief Judicial Magistrate. Ranchi took cognizance for the offence under Sections 33, 62 and 63 of the Indian Forest Act in connection with Forest Case No. 88 of 2001 (T.R. No. 753 of 2002).

(2.) The prosecution case, as stated that one prosecution report was lodged by one Madan Mohan Singh. Forest Guard before the Range Forest Officer. Ranchi alleging that he found during enquiry that in Barhi P.F. Plot No. 674 one dilapidated room was repaired and rest of land of said plot was ploughed for the purpose of nursery business. Then he prepared a trace map of plot No. 674 area 2.90 acres of which an area of 2.60 acres of forest land has been encroached and the rest of 30 decimal of forest land in south is left out. At the time of enquiry, the petitioner came and told him that the land of plot No. 674 belonged to her and she has got the documents for the ownership of the land but no any documents was shown to him at that time. Accordingly, the case was lodged and the prosecution report thereof was also submitted.

(3.) The learned counsel appearing on behalf of the petitioner, at the very outset, submitted that no case under sections 33, 62 and 63 of the Indian Forest Act is made out as well as no notification as required under Section 30 of the Indian Forest Act has been published and as such the offence under section 33 of the Indian Forest Act cannot be alleged in absence of the said notification. It is further argued that the petitioner is the owner of said plot No. 674 which was purchased by the petitioner by registered deed and actually the petitionerTs husband had purchased 2.44 acres of find of plot No. 674 by virtue of registered sale deed in the year 1991, which will be evident from Annexure 2 and the name of the husband of the petitioner has also been mutated in/the Anchal Office, vide Mutation. Case No. 413-R-27 of 199192. It is further submitted that one Janak Singh had sold 3.50 acres of land of plot No. 664 and 674 of Khat a No. 153 in favour of Shri Deb Narayan Mallick, the vendor of the petitioners husband by virtue of registered sale deed dated 30/3/1982 for a valuable consideration and the petitioner has been coming in peaceful possession over the said land after the purchase as well as the allegation as made out is purely of civil nature. It is further argued that petitioners husband has also filed a Title Suit No. 64 of 2002 in the Court of Sub Judge Cut Ranch, which is pending and the petitioner has got title and possession over the said land and as such the entire criminal proceedings is fit to be quashed.