Anil Kumar Srivastava, J. - (1.) This petition under Section 482 Cr.P.C. has been filed with a prayer to quash the proceedings in Complaint Case No.555/2005 u/s 26 of Indian Forest Act, 1927 and under Sections 9, 27, 29, 31 and 51 Wild Life (Protection) Act, 1972 arising out of Range Case No.2 of 2004/2005- Regional Case No.125 of 2004-2005, Region Western Sohelawan, Balrampur pending in the Court of Chief Judicial Magistrate, Shrawasti.
(2.) Learned counsel for the petitioners submits that an application under Section 156(3) Cr.P.C. was moved by the petitioner for an offence which was committed by opposite parties on 3.8.2004 at about 09.00 A.M. After much delay, the application was allowed and the first information report was lodged. The petitioner was medically examined on 6.8.2014 wherein the injuries were found about four days' old. It is further submitted that, after registration of the first information report, investigation was conducted and after investigation, final report was submitted. A protest petition was filed wherein the final report was rejected. A Criminal Revision was also filed which was dismissed. On the protest petition, the accused were summoned and are facing trial.
(3.) It is further submitted that as a counter-blast, forest officials have filed a complaint against the petitioner on 9.4.2005 regarding the incident which allegedly took place on 3.8.2004. On the said complaint, learned Magistrate has summoned the accused petitioner. It is submitted that this complaint was lodged after long delay without giving explanation about injuries sustained by the petitioner who is the injured in the case which was lodged by him against forest officials. It is further stated that it is a case of misuse of the process of law. Learned counsel has placed reliance upon the decision in State of Haryana and others Vs. Ch. Bhajan Lal and others, 1992 Supp1 SCC 335.;