NARESH LODHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel appearing for the petitioner submits that the allegation has been made for violation of sec. 33 of the Indian Forest Act. He submits that plot no.15 which has been claimed by the prosecution to be a part of Bandhgora Protected forest is admittedly based on the notification dtd. 24/5/1958, forming part of the prosecution report issued under sec. 29 of the said Act but no notification issued in terms of sec. 30 of the said Act has been brought on record and therefore violation in terms of sec. 30(C) of the said Act are not satisfied and therefore ingredients of sec. 33 of the said Act are not attracted to the petitioner. He submits that in view of sec. 30 of the said Act the notification has lost its force after 30 years. He further submits that the said notification was considered by this Court in Cr.M.P.No.1274 of 2016 which was decided by order dtd. 21/7/2022 whereby prosecution has been quashed.

(2.) Mr. Chatterjee, the learned counsel for the respondent State shall take instruction and file counter affidavit.

(3.) There shall be stay of further proceeding in connection with C.P.(Forest) Case No.662 of 2018 pending in the court of learned Judicial Magistrate, 1st Class, Bokaro, till next date.