V.R. KOCHAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsels for the State. Criminal Miscellaneous No. 3964 of 1993 (R) and Criminal Miscellaneous No. 4708 of 1993 (R) arise out of the same case, whereas Criminal Miscellaneous No. 4762 of 1993 also relate to the similar case and accordingly, all these three applications were heard together and are being disposed of by this common order.

(2.) The petitioners in all the three cases are the officers of West Bokaro Collieries of the then Tata Iron & Steel Company Limited (herein after referred to as TISCO', but now, Tata Steel). The petitioners of Criminal Miscellaneous No. 3964 of 1993 (R) and Criminal Miscellaneous No. 4708 of 1993 (R), have been made accused in G No. 692 of 1992, wherein cognizance has been taken by the learned Chief Judicial Magistrate, Hazaribag, by order dated 29.7.1993 for the offence under Sections 33, 52 and 64 of the Indian Forest Act; and the petitioners in Criminal Miscellaneous No. 4762 of 1993 (R), have been made accused in G No. 10 of 1993, wherein cognizance has been taken by the learned Chief Judicial Magistrate, Hazaribag, by order dated 29.7.1993 for the offence under Sections 33 and 64 of the Indian Forest Act. The petitioners have also prayed for quashing of the entire criminal proceedings against them in both the aforesaid cases.

(3.) G No. 6.92 of 1992 was instituted on the basis of the prosecution report submitted on 11.4.1993 by the O.P. No. 3, wherein it is alleged that on 19.12.1992 the Forest Guard saw that in Pundi protected forest the accused persons were cleaning the forest area and removing the earth and they were arrested by the forest officials. The prosecution report shows that upon enquiry the involvement of the petitioners were also found and in the prosecution report it is made clear that the accused persons were involved in mining operation with the help of dozers in Plot Nos. 577, 791, 792 and 794 within Pundi protected forest upon an area of 226.30 acres. The dumpers were seized under Section 52 of the Indian Forest Act and four accused persons were arrested under Section 64 of the said Act. Alleging that the offence under Section 33 of the Indian Forest Act was made out against the petitioners, the prosecution report was submitted on the basis of which cognizance was taken against the petitioners for the offence under Sections 33, 52 and 64 of the Indian Forest Act.