SHIB SHANKER PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the opposite parties.

(2.) This application has been filed for quashing the order dated 30.11.2004 passed by the learned Sub-Divisional Judicial Magistrate, Madhupur at Deoghar, in GOCR Case No.62 of 2004, whereby cognizance has been taken against the petitioners for the offence under Section 33 of the Indian Forest Act and Section 2 of the Forest (Conservation) Act. The petitioners have also prayed for quashing the entire criminal proceeding against them in the said case.

(3.) The offence report was submitted on 9.2.2004 by the Forest Guard, alleging that on 9.2.2004, at about 8 AM, he found some persons cutting the soil and repairing the road in the Churikanali protected forest. The accused persons managed to flee away upon seeing the forest guard. It is alleged that the said road was constructed by the accused persons in the year 1998, which was being repaired by them. On the basis of the offence report, the prosecution report was also submitted with the same allegations, in which the petitioners have been made accused, being the officials of S.P. Mines, Chitra, belonging to Eastern Coal Fields Ltd. In the prosecution report, it is stated that the forest in question was notified by notification No. C/F 17044 / 55 2612-R dated 26.8.1955 and accordingly, it is alleged that the petitioners had committed the offence under Section 33 of the Indian Forest Act and Section 2 of the Forest (Conservation) Act, and on the basis of the prosecution report, the Court below has taken cognizance against the petitioners as aforesaid.