VIRENDRA KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This application has been filed for quashing the entire criminal proceeding against the petitioner, in connection with B.F. Case No.21 of 2003, including the order dated 15.7.2003 passed therein, by the learned Chief Judicial Magistrate, Dhanbad, taking cognizance for the offence under Section 33 of the Indian Forest Act.

(3.) The Offence report and the prosecution report, have been brought on record to show that on 3.11.1999, in Matigora protected forest, remaining works of construction of some houses were being done on plot No.5. When the forest guard tried to prevent the said construction, he was informed that the construction was being done upon instructions of the officials of M/s Bharat Coking Coal Ltd. With this allegation, the case was instituted, which was registered as B.F. Case No.21 of 2003, and by order dated 15.7.2003, on the basis of the prosecution report, learned Chief Judicial Magistrate, Dhanbad, took cognizance for the offence under Section 33 of the Indian Forest Act against the petitioner, being the then Chief General Manager, of Matigora Colliery of Bharat Coking Coal Ltd., (herein after referred to as BCCL), in Block-II Area, Baghmara, District, Dhanbad.