NEERAJ KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R. K. Tiwari, learned counsel for the petitioners and Mr. Pankaj Kumar, learned A.P.P. for the State. The petitioners in this application have prayed for quashing the entire criminal proceeding in connection with B. F. Case No. 6 of 2013 including the order dated 09.04.2013 passed by the learned Additional Chief Judicial Magistrate, Bokaro whereby and whereunder cognizance has been taken for the offence punishable under Section 33 of the Indian Forest Act, 1927 (Amendment Act 1989) and under Section 3 -A of Forest Conservation Act, 1980.

(2.) It has been submitted by the learned counsel for the petitioners that one Bharat Singh has purchased a piece of land in plot no. 370 in village Kamaldih in the district of Bokaro and the petitioners have purchased the said land from the said Bharat Singh. It has also been submitted that a proceeding was initiated in between the raiyats of plot no. 370 and forest department under Section 145 of the Cr.P.C. vide M. P. Case No. 537, 538 of 1979 and in that case, the possession of the raiyats had been declared. It has also been submitted that a title suit was also preferred by the forest department being Title Suit No. 18 of 1980 for declaration of title which is still said to have been pending. It has also been submitted that the vendor against whom a criminal case had been instituted had moved this court in Cr.M.P. No. 479 of 2009 and this Court vide order dated 26.06.2015 had quashed the entire criminal proceeding. Mr. Pankaj Kumar, learned A.P.P. has not disputed the fact with respect to the pendency of a title suit for declaration of the title over the plot no. 370. He has also not disputed the fact that the case of the petitioner is similar to that of Bharat Singh which has already been quashed by this Court in Cr.M.P. No. 479 of 2009. Since the title suit which had been instituted by the forest department is still pending, the petitioner being the purchaser from Bharat Singh who has purchased the said plot from the raiyats cannot be assigned to be encroacher in the forest land. In such circumstances, therefore, no forest offence can be said to have been committed so far as the petitioners are concerned. Moreover, the case of Bharat Singh in Cr.M.P. No. 479 of 2009 has already been quashed and the petitioners being the purchaser in plot no. 370 from the said Bharat Singh deserves equal treatment.

(3.) In such circumstances, therefore, this application is allowed and the entire criminal proceeding in connection with B. F. Case No. 6 of 2013 including the order dated 09.04.2013 passed by the learned Additional Chief Judicial Magistrate, Bokaro is hereby quashed.