RAMA SHANKAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SINCE common issues are involved in all these cases, they are taken up together for hearing on the point of admission and are being disposed of by this common order.

(2.) BY invoking inherent jurisdiction of this Court, the petitioners have prayed for quashing of the entire criminal proceeding of B.F.case Nos. 9, 10 and 12 of 2011 including the orders whereby and whereunder cognizance of the offences punishable under Sections 33 and 63( C) of the Indian Forest Act and also under Section 2 of the Forest Conservation Act has been taken against these petitioners, in the aforesaid cases lodged separately but on a common allegation that the petitioners- the Director and the employees of M/s. Electro Steel Integrated Limited (now M/s.Electro Steel Limited), District- Bokaro by encroaching over the land, appertaining to plot nos.1120, 1159 and 1389 and 882 of village Bhagabandh, District-Bokaro, failing within the forest area started constructing boundary wall and thereby they indulged themselves in non-forest activities without taking permission of the Central Government under the provision of Section 2 of the Conservation of Forest Act.

(3.) THAT order was challenged before the Hon'ble Supreme Court in S.L.P(Crl.) No.9884 to 9887, which got dismissed. However, while dismissing, it was observed that the impugned order as well as the order of this Court shall not preclude the State from taking such appropriate action in the matter as may be available to it in law.