BHAGIRATH PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Anoop Kumar Mehta, learned counsel for the petitioner and Mr. Jitendra Pandey, learned counsel for the State.

(2.) This petition has been filed for quashing the order dtd. 21/8/2017 passed by the learned Sub Divisional Judicial Magistrate, Chatra in U.C. Case No.259/2014, whereby, cognizance under Sec. 33 of the Indian Forest Act has been taken against the petitioner, pending in the court of the learned Sub Divisional Judicial Magistrate, Chatra.

(3.) The prosecution case arises out of an Offence Report dtd. 25/12/2014 of one Bijendra Choudhary, Tandwa Forest Range alleging therein that while he was on patrolling duty at 07:15 A.M. on 25/12/2014 along with his associates, it was noticed that the accused persons along with others had encroached into the forest land and were carrying out mining operation. It has also been alleged that on seeing the patrolling party, all the accused persons were able to run away. The informant and his team were able to seize the articles left behind. The Offence Report so submitted was thereafter forwarded to the O.P. No.2, the Divisional Forest Officer, South Forest Division, Chatra by Sri Nageshwar Mahto, Forester, stating that he along with the Forest Guard inspected the spot and found that the place of occurrence is at Plot No.176 of Mangardaha Forest. The Forester has also stated that he called the accused persons at the site but they failed to reach the spot. The Forester has assessed the loss to the extent of Rs.36,000.00 being the cost of 5 tonnes of coal @ Rs.2400.00totalling Rs.12,000.00 apart from compensation and penalty (twice the amout totally Rs.24,000.00). Thus, the loss alleged to have been suffered is Rs.36,000.00. Upon receipt of the Offence Report, the O.P. No.2 examined the matter and submitted prosecution report bearing EPC No.23/2017-18 in connection with the Offence Report No.9/P dtd. 30/1/2016.