NARESH LODHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Pandey Neeraj Rai, learned counsel for the petitioners and Mr. Prabir Kumar Chatterjee, learned counsel for the State.

(2.) This petition has been filed for quashing the order taking cognizance dtd. 14/12/2015 as well as entire criminal proceedings in connection with C3 (Forest) No.1/2014, whereby, cognizance has been taken under Sec. 33 of the Indian Forest Act, pending in the court of the learned Additional Chief Judicial Magistrate, Bokaro.

(3.) On the written report of the Forest Range Officer, Chas, the FIR has been lodged wherein it was alleged that on 5/4/2014 at about 11:00 a.m. he reached the forest Plot No.7562 under Mauza Chas Forest with colleague forest officials and found that the accused persons enumerated in the offence report were doing worshipping before the pictures of God in the said forest by enclosing the area with tent and bamboo, which was an attempt to grab the forest land. Upon seeing them, the infamous land mafia succeeded in running away. They were chased but could not be caught. Therefore, the enclosures made by them were demolished and seizure was effected as per Sec. 52 of the Indian Forest Act, the In-charge Forest Guard Sri Jagdish Ram has submitted offence report no.33 dtd. 5/4/2014 in this regard. It was also alleged that the informant made verification on 6/4/2014 about the occurrence and found it to be true. He called the accused through the Forest Guard but he did not appear before him. Again on 11/4/2014 through the Forest Guard they were called. The accused persons are infamous land mafia who keep evil eyes for land-grabbing. Earlier also offence reports had been submitted against the accused persons by the Forest Guard. Chas Forest is a notified protected forest whose Notification is no.C/F 10174/58 R dtd. 24/5/1958. The Chas Forest Plot No. is 7562 and area 15 decimals. It is situated aside the NH, which is of high value and the land mafias intend to grab the land one way or the other. The land mafia intend to sell it to builders at high price. The criminals have overnight cleared 10 decimals land and changed its form. The attempt has been made to grab the land. In course of verification it has been found that while running away the mobile phone of the accused fell down which was also seized along with other articles and confiscation has been requested for. It was learnt that the name of father of Naresh Lodha was not Chandi Prasad Lodha, but it was Late Mahavir Prasad Lodha. It was further alleged that the criminals have made serious violation of Sec. 33 of the India Forest Act, 1927, which is punishable and non-bailable offence.