P. N. PATHAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Cr.M.P. No. 1751 of 2022 has been filed for quashing the entire criminal proceeding including the summoning order dtd. 29/8/2019 passed in C.P. Case No. 555 of 2018 (Forest) whereby and whereunder, prima facie case has been found to be made out under Ss. 33 and 63(c) of Indian Forest Act, 1927.

(2.) Can a cognizance be quashed in a case concerning protected forest notified under Sec. 29 of the Indian Forest Act, 1927, alleged to have been encroached and grabbed by private parties, claiming title over the said forest area, is the central question involved in these criminal miscellaneous petitions?

(3.) In Cr.M.P. Nos. 2829 of 2022 and 3898 of 2022 arises out of C.P. Case No. 553 of 2018 (Forest), offence report lodged by the forest guard is the basis of the forest cases. Cognizance has been taken on the prosecution report filed by the forest range officer. The case of the prosecution in brief is that the land appertaining to Plots Nos. 4836, 4837, 4839, 4840, 4856 and 4897 measuring 71.83 acres of Mouza Siyaljori, Thana No. 202 was declared protected forest vide Notification C/F-17014/58-1429R dtd. 24/5/1958. It is alleged that the petitioners/ accused persons had encroached the protected forest area and had constructed boundary wall and installed different units of Electro-steel Integrated Limited and Electro-steel Steels Limited.