MANOJ KUMAR PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.S. Mazumdar, learned senior counsel appearing for the petitioners and Mr. Manoj Kumar, learned G.A.-III for the State.

(2.) This petition has been filed for quashing of the entire criminal proceedings as well the cognizance order dtd. 16/10/2015, whereby cognizance under Ss. 33 and 42 of the Indian Forest Act has been taken against the petitioners, in connection with Government Complaint, being GO Case No. 291 of 2015, pending in the Court of learned Judicial Magistrate, 1st Class, Seraikella.

(3.) The prosecution case in brief is that on 14/5/2015, one Sunil Kumar Das, Forest Guard/Van Rakshi, Chandil Beat, has written a letter to the Sub Beat Officer /Van Parisar Padadhikari, Chandil Beat, stating therein that on 14/5/2015 during inspection of Ghodaling PF, he saw that one Simal Tree was felled in pieces. When he counted the felled pieces, it was 17 in total and was kept in custody of the Chowkidar of Madhuconn company. Accordingly, it was requested by the said Forest Guard/Van Rakshi to register a case against unknown" persons and he shall submit a report after further inspection. On receipt of the said letter dtd. 14/5/2015, the Sub Beat Officer /Van ParisarPadadhikari, Chandil Beat had forwarded the said complaint to Forest Range Officer/Van Khsetra Padadhikari, Chandil Forest Range vide his letter dtd. 15/5/2015. Subsequently the Forest Range Officer/VanKhsetra Padadhikari, Chandil Forest Range had written a letter dtd. 20/5/2015 to the Divisional Forest Officer, Saraikela Forest Division, stating therein that after receipt of the letter dtd. 14/5/2015 from the Forest Guard namely Sunil Kumar Das on 15/5/2015, he had visited the place of occurrence with the said Forest Guard on 18/5/2015 for inspection of Ghodaling PF wherein one Simal Tree was found to be felled to pieces.