MRITYUNJAY SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant application has been filed for quashing the order dated 24th Sept., 2007 passed in G. Case No. 497 of 2005 corresponding to T.R.No.868 of 2008 by the Chief Judicial Magistrate, Hazaribag with respect to petitioner-Mrityunjay Singh @ Mrityunjaiendra Narayan Singh only as the court has taken cognizance of the offence under sections 33, 41 and 42 of the Indian Forest Act against this petitioner and other co-accused persons.

(2.) The short fact of the case is that on the basis of a prosecution report sent by Forest Range Officer, Bhurkunda, Patratu dated 30th Oct., 2005 with allegation that during patrolling Forest Guard, Bhuneshwar Gope saw about 15 labourers were removing bushes and after cutting Sidha tree and after digging mud and moram, they were constructing road. Seeing the Forest Guard, the labourers escaped then their Gaita, Kudal and other articles were seized as per seizure list prepared. The further allegation in the prosecution report is that after investigation of the place of occurrence, five Sidha trees were cut and about one Kilometer road was constructed after removing bushes. This road was being constructed under the District Scheme with the help of Revenue Clerk, Junior Engineer and the Agent of the village. Accordingly, prosecution report under sections 33, 41 and 42 of the Indian Forest Act was submitted for cutting of trees, bushes and digging mud for construction of road within the Debaria and Ghaghra Forest where the name of the petitioner find place at serial no.

(3.) After submission of prosecution report, the court of Chief Judicial Magistrate took cognizance of the offence.