- (1.) THIS is an application under section 482 of the Code of Criminal Procedure (the Code) for quashing the order taking cognizance dated 23.2.2000 for an offence under section 26 of the Indian Forest Act, 1927, whereby and whereunder, the learned Chief Judicial Magistrate, Dhanbad took cognizance of the said offence. The petitioners have also prayed for quashing the order dated 21.6.2001 passed by Shri A. K. Yadav, Judicial Magistrate, 1st Class, Dhanbad by which the learned Magistrate rejected the petitioners' prayer for discharge in connection with B.F. Case No. 41 of 2000.
(2.) IT is alleged that on 5.10.1999 at about 4 P.M. when the Forest Guard was on patrolling duty at Ratanpur Reserve Forest Area, he saw that the petitioners were cutting a Mango tree which was standing on Plot No. 259 under Khata No. 25 of Mauza Ratanpur in the district of Dhanbad. Accordingly, the prosecution report was submitted against the petitioners. At the very outset, learned counsel for the petitioners submitted that actually similar type of case was earlier filed against the father of petitioner no.1 and others in respect of the same plot in which the father of petitioner no.1 was acquitted and the learned court below clearly held that the Plot No. 259 belongs to the father and uncle of the petitioners being private land in terms of judgment dated 17.1.1953 and again for the same and similar type of case, this case has been initiated against the petitioners for which the petitioners are the owners of the said plot as well as they got rent receipts and other documents relating to the said land which does not belong to the Forest Department at any point of time.
(3.) FROM going through the judgment dated 17.1.1953, a copy whereof is annexed as Annexure -2 to this application, it is obvious that the father of petitioner no.1 and others were acquitted for the offence under section 26(1) (b) of the Indian Forest Act, 1927 and it was observed that they were in possession over the said plot since long and it has never been in possession of the Forest Department. The instant case has again been initiated as regards to a cutting of the mango tree relating to the same Plot No. 259 over Khata No. 25. There is nothing material coming forward to show that the said plot has ever been in possession of the Forest Department.;