MD MUSTAFA ALIAS MUSTAFA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 17.5.2003 passed by the Sub Divisional judicial Magistrate, Motihari in O.C. No. 29 of 2003, whereby the learned Magistrate has taken cognizance of offence under Sections 41, 42, 52 and 5, 8, 13 and 14 of the Indian Forest Act and summoned the Petitioner to face trial.

(2.) Short fact of the case is that opposite party No.2 filed a complaint in the court of Chief Judicial Magistrate, on printed performa, stating therein that on 7.5.2003, he seized one bond saw (sealed), one trolley and 11 Shisam logs, from the Petitioner's Saw Mill. Enclosing the seizure list, report was filed in the court of Chief Judicial Magistrate. Since it was an official complaint, the learned Sub Divisional Judicial Magistrate, by the impugned order, took cognizance of the offences and summoned the Petitioner.

(3.) After the order of cognizance, the Petitioner approached this Court by filing the present petition, which was admitted on 24.11.2005. In this case, interim protection was granted to the Petitioner by this Court on 7.4.2004 and while admitting, it was directed that during the pendency of the application, the interim order passed on 7.4.2004 shall remain operative.