PREMASHISH MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since common issues are involved in all these cases, they are taken up together "for hearing" and are being disposed of, by a common order. By invoking inherent jurisdiction of this Court under Section 482 of the Cr.P.C., the petitioners have prayed for quashing of the entire criminal proceeding of B.F. Case Nos.4, 11, 9, 2, 12, 3, 6, 10, 7, 5, 8 of 2009, and B.F. Case Nos. 16, 19, 18, 12, 17, 14, 9, 13 and 15 of 2010, pending before the court of learned S.D.J.M., Bokaro, 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 on a common allegation that the petitioners-the Director and the employees of M/s Electro Steel Integrated Limited (now M/s Electro Steel Steels Limited), District -Bokaro, by encroaching over the land, falling within the forest area started constructing boundary wall and therey 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.

(2.) Earlier on the same allegation concerning plots No. 1120, 1159, and 1389, appertaining to Khata No. 58, Mauza No. 83 situated at Village Bhagabandh, District of Bokaro several cases were lodged against number of employees including the Director of M/s Electro Steel Integrated Limited. Upon which cognizance of the offences under Section 33 of the Act had been taken.

(3.) Those orders were challenged before this Court in Cr.M.P. No. 1653 of 2009, and analogous cases. This Court having taken notice of the facts that process of the notification as claimed to have been issued under Section 29(3) of the Indian Forest Act had never been completed and that the parties have been exercising their respective rights, titles and possession over the land on the basis of registered sale-deeds executed by the raiyats in whose favour decree of declaration of right and title had been passed by the court of the competent jurisdiction, quashed the proceedings of all the cases including orders taking cognizance vide order dated 31.7.2010.