- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State.
(2.) THIS application has been filed under Section 482 of the Code of Criminal Procedure for quashing of the entire criminal proceeding of C.F. Case No. 155 of 2000 including the order dated 18-11-2000 whereby and whereunder the then Chief Judicial Magistrate, Palamau at Daltonganj took cognizance of the offence punishable under Section 33(1) of the Indian Forest Act, 1927. It is the case of the prosecution that the petitioner, a contractor when was found repairing road passing through Kuti protected forest, an offence report was submitted. Subsequently upon submission of the prosecution report, cognizance of the offence punishable under Section 33(1) of the Indian Forest Act, 1927 has been taken against the petitioner.
(3.) LEARNED counsel appearing for the petitioner submits that the petitioner, a contractor had been entrusted work by the Executive Engineer, Road Construction Department to repair Chainpur- Ramkunda road passing through the said Kuti protected forest and while the road was being repaired, no damage as per the case of the prosecution of the forest land or even the trees was done and in that event, the petitioner cannot be said to have committed any offence under the Forest Act, 1927, particularly when the land over which the road had been constructed had been acquired by the State and for that even the compensation amount was paid, though, as per claim made by the Forest Department, only part payment has been made but the fact remains that the land over which the road was existing had been acquired which would be evident from Annexures-3 and 3/1.;