RANJIT SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) Petitioners are aggrieved by order dated 16.8.2005 passed by the learned Chief Judicial Magistrate, Giridih, in T.R. No.1683 of 2005, arising out of F.C. No.85 of 2005, whereby the cognizance has been taken against the petitioners for the offences under Sections 33 and 63 of the Indian Forest Act.

(3.) The prosecution report was filed by the Forest Official, in which it is alleged that the accused persons were engaged in illegal construction of canal in Ambadih Reserved Forest. It is alleged in the prosecution report that the officials and contractor of Konar Canal Project were involved in illegal construction of the canal in the reserved forest area and accordingly, the prosecution report was lodged, on the basis of which F.C. No. 85 of 2005 was instituted. On the basis of the prosecution report, the Court below has taken cognizance against the petitioners, who are Superintending Engineer and Executive Engineer of the Konar Canal Project, Tenughat, for the offence under Section 33 and 63 of the Indian Forest Act.