BIDESHI BHUIYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Cr.M.P. has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with a prayer to quash the Complaint (U.C.) Case No. 862 of 2018 registered for the offence punishable under Sec. 33 of the Indian Forest Act, 1927 and Sec. 3-A of Forest Conservation Act, 1980 pending in the court of learned Chief Judicial Magistrate, Chatra.

(3.) The allegation against the petitioner is that the petitioner has committed the offence of breaking of into and clearing the protected forest land. It is submitted by the learned counsel for the petitioner that the petitioner filed Original Suit No. 134 of 2018 before the Civil Judge, Senior Division-I, Chatra inter alia praying for right, title, interest and possession over the suit land but the description of the suit land has not been mentioned in this Criminal Miscellaneous Petition. It is next submitted by the learned counsel for the petitioner that the defendant upon receipt of the notice under Sec. 80 of the Code of Civil Procedure, the copy of which has not been annexed with this Criminal Miscellaneous Petition, has filed his Complaint (U.C.) Case No. 862 of 2018. It is next submitted that the petitioner and his ancestors are in possession of the suit land for more than ninety years.