RABINDRA SINGH RATHEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as the learned counsel for the respondent State.

(2.) This petition has been filed for quashing of the entire criminal proceeding as well as order dtd. 2/3/2015 passed in G(F) Case No.16 of 2014, corresponding to T.R. No.2604 of 2015 wherein the learned court has been pleased to take cognizance under Sec. 33 of the Indian Forest Act against the petitioner, pending in the court of learned Judicial Magistrate, First Class, Hazaribagh.

(3.) The prosecution case has been registered on the offence report alleging therein that one Jiten Ram, Forest Guard, Bendi Forest Area addressed to the Beat Officer, Sadar Hazaribag dtd. 8/1/2014 alleging intrealia that on 8/1/2014 when he along with other forest guards was on patrolling duty in Bendi Udaipur Protected Forest, he had seen road was being constructed after clearing the bushes. On enquiry from the villagers, he came to learn that the said work was being done by the NTPC, Barwadih which is in violation of Sec. 33 of the Indian Forest Act.