UMANG KEJRIWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since common issues are involved in these cases, they are taken up together "for hearing  and are being disposed of by a common order.

(2.) BY invoking inherent jurisdiction of this Court under Section 482 of the Cr.P.C., the petitioners have prayed for quashing of the entire criminal proceeding of B.F. Case No.17 of 2012 and B.F. Case No.18 of 2012, pending before the court of Judicial Magistrate, 1st class, Bokaro, including the order dated 3.9.2012, whereby and whereunder, cognizance of the offences punishable under Section 33 of the Indian Forest Act has been taken against these petitioners. The aforesaid cases were lodged separately on a common allegation that the petitioners -the Director and the employees of M/s Electro Steel Integrated Limited (now M/s Electro Steel Steels Limited), District -Bokaro, by encroaching over the land, falling within the forest area started constructing boundary wall and thereby they indulged themselves in non -forest activities without taking permission of the Central Government under the provision of Section 2 of the Conservation of Forest Act.

(3.) THOSE orders were challenged before this Court in Cr.M.P. No.1653 of 2009, and analogous cases. This Court having taken notice of the facts that process of the notification as claimed to have been issued under Section 29(3) of the Indian Forest Act had never been completed and that the parties have been exercising their respective rights, titles and possession over the land on the basis of registered sale -deeds executed by the raiyats in whose favour a decree declaring right and title had been passed by the court of the competent jurisdiction, quashed the proceedings of all the cases including orders taking cognizance vide order dated 31.7.2010.