SHIVAJI KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rishav Kumar, learned counsel for the petitioners and Mr. Ashok Kumar Yadav, learned counsel for the respondent-State.

(2.) This petition has been filed for quashing the Complaint (O.C.R.) Cae No.1055 of 2022 arising out of Offence Report No.17p dtd. 27/5/2022 (Annexure-1), pending in the court of the learned Chief Judicial Magistrate at Dumka. The further prayer is made for releasing the vehicles of the petitioners bearing registration Nos. JH 04X-3144 and JH02AZ-6851 with regard to the said case.

(3.) The prosecution has been initiated on the basis of Offence Report No. 17p dtd. 27/5/2022 for the offence under Sec. 41, 42 and 52 of the Indian Forest (Bihar Amendment, 1989) Act, 1927 alleging therein that on 26/5/2022 at about 04:00, eighteen trucks loaded with stone chips and metal were seized upon suspicion of commission of offence under Sec. 41 of the Indian Forest (Bihar Amendment, 1989) Act, 1927 from Rampur More situated at Dumka-Rampurhat Road. The vehicles have been seized in accordance with Sec. 52 of the Indian Forest (Bihar Amendment, 1989) Act, 1927. The report further states about suspicion of commission of offence under Ss. 379, 411, 413 and 414 of the Indian Penal Code. Based on these allegations, Complaint (O.C.R.) Case No.1055 of 2022 has been registered.