- (1.) THE applicant by moving this application under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code) seeks to quash orders dated 24. 11. 2012 and 19.12.2012 passed by the learned Judicial Magistrate Ist, Bhadohi, Gyanpur rejecting the release application of the applicant moved in Case Crime No. 185 of 2012 under Section 4/10 of the U.P. Protection of Trees Act, 1976 (U.P. Act No. 45 of 1976) (hereinafter referred to as the Trees Act).
(2.) HEARD learned counsel for the applicant, learned A.G.A. and also perused the record.
(3.) THE facts of the case in brief relevant for the disposal of the case in hand are that following a tip -off the police seized timber blocks and woods of 'Sheesham' tree which was standing in the compound of primary school, Veerampur. A case under the aforesaid Sections of the Trees Act was registered against the applicant and one Gappu Singh (non applicant) imputing that both have fell the 'Sheesham' tree standing on the land of primary school, without obtaining requisite permission from the competent authority under the Trees Act. The applicant, however, moved application to release the timber and woods before the learned Magistrate concerned asserting that the timber and the woods have been unauthorizedly seized by the police from the possession of the applicant and one Gappu Singh. Learned counsel for the applicant submitted that the 'Sheesham' tree was almost dead and it was likely to fall at any movement which may endanger lives of children studying in the school and the passers -by. The Management Committee of the school in its meeting dated 3.11.2012 passed a resolution for the removal of the tree to safeguard the students and for benefit of the school. It was also resolved that the proceeds of sale of the trees would be used in the development of the school campus. The Committee after obtaining approval from the District Authority Basic Shiksha, sold the dead tree to the applicant and Gappu Singh for a consideration of Rs. 50,000/ - . Since the tree was almost dead and therefore, no permission for its removal was required under the provisions of the Trees Act. The timber and the woods are perishable in nature which are kept in open space at the police station in case it is allowed to be kept there for a long time it would lost its value in total thereby causing undue loss to the applicant. The learned Magistrate, however, vide order dated 24.11.2012 rejected application on the ground that the release application was not moved through Basic Shiksha Adhikari or the 'Block Pramukh'. Subsequent application in this regard was also rejected vide order dated 19.11.2012 on the ground that the applicant could not establish his title in the case property sought to be released to the satisfaction of the court .;