KRISHNA KUMAR PODDAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the State.

(2.) The petitioner is aggrieved by the orders dated 8.12.2006 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj, in C.F Case Nos. 351 of 2006, 358 of 2006 & 350 of 2006, whereby, the cognizance has been taken against the petitioner and the other co-accused persons for the offence under Sections 33, 41 & 42 of the Indian Forest Act. The petitioner has also prayed for quashing the entire criminal proceedings against him in the said cases.

(3.) The offence reports in all these three cases show that on 30.4.2005, 2.5.2005 & 25.4.2005, the Forest Guard found that some labours were engaged in mining process in the protected forest and upon objection by the forest guard, they did not stop the mining work. Accordingly, the offence reports were submitted by the forest guard. The petitioner is not named in the said reports. Subsequently, the prosecution reports were submitted after enquiry, in which, the petitioner has been made accused being the proprietor of Chotanagpur Graphite Industries, which was found to be engaged in the mining process.