ANUP KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

(2.) This application has been filed under Section 482 of the Code of Criminal Procedure for quashing of the entire criminal proceeding of Forest Case No.204 of 2006, pending in the court of Sub-divisional Judicial Magistrate, Giridih including the order dated 14.5.2006 whereby and whereunder cognizance of the offence has been taken for an offence punishable under Section 33(c) of the Indian Forest Act and also under Section 2 of the Forest Conservation Act.

(3.) It is the case of the prosecution that the petitioner, a contractor when was found constructing road through certain part of the land which is part of the protected forest, offence report was submitted. Subsequently, upon submission of the prosecution report, cognizance of the offence was taken for the offence punishable under Section 33(c) of the Indian Forest Act and also under Section 2 of the Forest Conservation Act. That order has been challenged.