- (1.) This Writ application has been filed for quashing of the entire criminal proceeding of complaint case bearing C-1 No. 8 of 2007 including the order dated 20.7.2009 whereby and whereunder cogni-zance of the offence under Section 33 of the Indian Forest Act has been taken against the petitioner and other accused persons.
(2.) The case of the prosecution is that one Rajendra Sharma, a Forest Guard in course of patrolling alongwith others came to Gurdari Forest on 21.5.2007 where he heard sound of felling of trees as well as sound of digging Bauxite. Upon it, he alongwith other Forest Guard proceeded towards that direction and saw accused persons, who had indulged themselves in doing the said illegal act, fleeing away. Of them, he could identify one of the persons including Mines Manager of M/s Hindulco Industries Limited, who happens to be the petitioner but his name was not disclosed. When they reached at the place of occurrence, they found extracted Bauxite and also some of the trees which had been felled down. On the said allegation offence report was drawn and was sent before the Court of Chief Judicial Magistrate, Gumla on 22.5.2007. At the same time, when offence report was submitted before the Divisional Forest Officer, Lohardaga, Ranchi Forest Division, the matter was enquired into by the Forester, Netarhat. On completion of the enquiry, prosecution report was submitted before the court on 4.2.2007, upon which cognizance of the offence under Section 33 of the Indian Forest Act was taken on 20.7.2009 against the petitioner and others.
(3.) Being aggrieved with that order, this writ application has been preferred for quashing the entire criminal prosecution including the order taking cognizance.;