PARAS KUMAR Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Learned counsel appearing for the petitioner submits that on 8.1.2002, the petitioner has been alleged to have committed offence under Sections 33 and 42 of the Indian Forest Act but the case was lodged on 9.7.2004, upon which cognizance of the offences punishable under Sections 33 and 42 of the Indian Forest Act was taken on the same date and thereby the order taking cognizance is hit by Section 468 of the Code of Criminal Procedure.

(2.) Let notice be issued to the opposite party no.2 to show cause as to why this application be not admitted and/or, if possible, be not disposed of at the admission stage itself, for which requisites for issuance of notice under registered cover with A/D must be filed within one week.

(3.) Let this matter be listed on appearance of opposite party no.2. Meanwhile, counter affidavit be filed on behalf of the State.