- (1.) HEARD Sri Manoj Tiwari, learned counsel for the applicants, learned AGA for respondent No. 1 and Sri Anup Verma, holding brief of Sri C. D. Bahuguna, learned counsel for re spondent No. 2.
(2.) THE applicants had preferred this application under Section 482 of Cnrc. for quashing of Criminal Complaint No. 440 of 1991 filed by re spondent No. 2, chargesheet dated 27-03-1991 and impugned order dated 08-12-1992 passed by Chief Judicial Magistrate, Almora in Criminal Case No. 440 of 1991 (State of U. P. vs. Sanjai Agarwal and others ). The brief facts of the case for disposal of this petition are that appli cants made search of the premises of opposite party No. 2 on 12-06-1990 and the same was continued till 15-06-1990. During the search some illegal forest produce was found in the factory premises of respondent No. 2. The stor age of which was strictly prohibited un der U. P. Resin and Other Forest Pro duce (Regulation of Trade) Act, 1976 and is punishable under Section 14 of the said Act. The said offence was also punishable under section 26 of Indian Forest Act. This search was made in presence of Divisional Forest Officer, East Almora, Sub Divisional Officer (Forest) and other revenue officers. After making the search, the re sult of the search was communicated to the Chief Judicial Magistrate, Almora having jurisdiction of the area. There after, the notice was issued and complaint was filed against the respondent No. 2.
(3.) MEANWHILE, the complaint was filed by respondent No. 2 on 19-06-1990 wherein it has been alleged that in absence of respondent No. 2 the ap plicants/forest Officers have taken away 65 quintals of Resin, 600 litres of fin ished Varnish, 1200 litres of Turpentine oil and 22 quintal of Biroja, from his factory without his consent. It was further alleged that in the night of 14-06-1990 applicants have also taken Rs. 12,000/-, a necklace of gold weighing about 3 tola and a tape recorder etc. The said report was sub mitted to the Chief Judicial Magistrate and the Chief Judicial Magistrate di rected the Police to investigate the mat ter. After investigation the police sub mitted chargesheet against the appli cants.;