RAMA SHANKAR SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2012-9-47
HIGH COURT OF JHARKHAND
Decided on September 17,2012

RAMA SHANKAR SINGH,CHANDRA PRAKASH PANDEY Appellant
VERSUS
STATE OF JHARKHAND Respondents


Referred Judgements :-

BRAJESH KUMAR RAY AND OTHERS VS. STATE OF JHARKHAND AND ANOTHER [REFERRED TO]


JUDGEMENT

- (1.)SINCE common issues are involved in all these cases, they are taken up together for hearing on the point of admission and are being disposed of by this common order.
(2.)BY invoking inherent jurisdiction of this Court, the petitioners have prayed for quashing of the entire criminal proceeding of B.F.case Nos. 9, 10 and 12 of 2011 including the orders whereby and whereunder cognizance of the offences punishable under Sections 33 and 63( C) of the Indian Forest Act and also under Section 2 of the Forest Conservation Act has been taken against these petitioners, in the aforesaid cases lodged separately but on a common allegation that the petitioners- the Director and the employees of M/s. Electro Steel Integrated Limited (now M/s.Electro Steel Limited), District- Bokaro by encroaching over the land, appertaining to plot nos.1120, 1159 and 1389 and 882 of village Bhagabandh, District-Bokaro, failing within the forest area started constructing boundary wall and thereby they indulged themselves in non-forest activities without taking permission of the Central Government under the provision of Section 2 of the Conservation of Forest Act.
Earlier also on the same allegation of constructing boundary wall over the land bearing plots no.1120, 1105, ,1159, 1389 and 1321 appertaining to Khata no.58, aMouza no.a83, situated at village Bhagabandh, District-Bokaro, several cases were lodged against number of employees including the Director of M/s. electro Steel Integrated Limited. Upon which cognizance of the offence under Section 33 of the Act had been taken.

Those orders were challenged before this Courtin Cr.M.P.No.1653 of 2009 and analogous cases. This Court having taken notice of the facts that process of the notification as claimed to have been issued under Section 29(3) of the Indian Forest Act had never been completed and that the parties have been exercising their respective rights, titles and possession over the land on the basis of registered sale deeds executed by the raiyats in whose favour decree of declaration of right and title had been passed by the court of the competent jurisdiction, quashed the proceedings of all the cases including orders taking cognizance, vide order dated 31.7.2010.

(3.)THAT order was challenged before the Hon'ble Supreme Court in S.L.P(Crl.) No.9884 to 9887, which got dismissed. However, while dismissing, it was observed that the impugned order as well as the order of this Court shall not preclude the State from taking such appropriate action in the matter as may be available to it in law.
Learned counsel appearing for the petitioners submits that mainly on those two grounds, the entire criminal proceeding in the cases, referred to above, are being sought to be quashed, as the petitioners have derived right, title and interest over the land, in question by virtue of the sale deeds executed by the raiyats in whose favour decree with respect to right, title and interest was passed by a court of competent jurisdiction and thereby the petitioners cannot be said to have committed any offence either under the Indian Forest Act or Conservation of Forest Act and as such, the entire criminal proceedings are fit tobe quashed.



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