S.K.LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding in connection with Case No. G -352 of 1996 as well as the order dated 18.12.1998 whereby and whereby the learned Chief Judicial Magistrate, Hazaribagh took cognizance against the petitioners under section 33 of the Indian Forest Act.

(2.) FACTS leading to filing of this case are that O.P. No. 2 lodged a complaint stating therein that some illegal activities were being carried out by the petitioners who happen to be the officials of the Central Coalfields Ltd. in respect of a forest land and as such, the petitioners have committed offence under section 33 of the Indian Forest Act. On the basis of this complaint, learned Chief Judicial Magistrate, Hazaribagh took cognizance vide order dated 18.12.1998 against the petitioners under section 33 of the Indian Forest Act.

(3.) IT was further submitted that the Parliament enacted the Coal Bearing Areas (Acquisition and Development) Act, 1957 which received assent of the President on 8th June, 1957 and was published in the official Gazette on 10th June, 1957. Under the aforesaid Act which was established in the economic interest of India, greater public control over the coal mining industry and its development by providing for the acquisition by the State of unworked land containing or likely to contain coal deposits or of rights in or over such land for extinguishment or modification of such rights accruing by virtue of any agreement lease, licence or otherwise and for matters connected therewith were provided and under the provisions of the Act, the land not even belonging to the State Government could be acquired.