LAL BIHARI MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P.S. Dayal assisted by Mr. D.K. Karmakar, learned counsel for the petitioner and Mr. Ravi Prakash, learned counsel for the State.

(2.) This petition has been filed for quashing the entire criminal proceeding as well as the order dtd. 5/11/2019 passed by the learned Judicial Magistrate, 1st Class, Jamshedpur in Complaint Case No.3192 of 2019 arising out of Offence Report No.003572, dtd. 15/10/2019, pending in the court of the learned Judicial Magistrate, 1st Class, Jamshedpur.

(3.) On the basis of offence report of the Forest Guard Santosh Kumar, Ghorabandha Sub-Area vide offence report no.003572 dtd. 15/10/2019, in which the protected forest of Luabasa, illegally broken the pillar, damaged the trees and constructed Sauchalaya (Latrine Room) and on the basis of the aforesaid offence report, an enquiry was conducted by the complainant, Vanpal In-charge, Bhilaipahari Campus, with Forest Guard on 16/10/2019 and found that 4'x4' Shouchalaya and road has been constructed by the petitioner. It has also been alleged that the petitioner is the resident of Gowala Basti, Ghorabandha, P.S. Govindpur, Jamshedpur, and on tallied with the Luabasa Protected Forest and a NACSA was prepared regarding Plot No.31, 69 and 01 in which road and Shouchalaya has been constructed, which is the protected notified area, vide notification no. C/P.F.-10146/52- 5800R dtd. 27/12/1952 and accordingly the accused committed an offence under Indian Forest Act, 1927 and State Amendment (Bihar Amendment Forest Act, 1990) under Ss. 33 and 52 of the Forest Protected Act, 1980, sub-sec. 2 and accordingly the present case has been instituted against the petitioner.