- (1.) HEARD.
(2.) THIS Cr. Misc. Petition has been filed for quashing the entire criminal proceedings, including the order taking cognizance dated 3.10.2008 passed by the CJM, Palamau at Daltonganj in connection with CF case No. 170 of 2008 whereby cognizance under section 33 of the Indian Forest Act has been taken and the petitioner has been summoned to face trial. It is contended that the prosecution report has been submitted against the petitioner for committing offence under section 33(c) of the Indian Forest Act. It is pointed out that the place of occurrence falls within Sahi PF Area, Plot no. 577, thana no. 275 within PS Chhatarpur, District Palamau and the said Sahi PF Is notified vide notification no. 10154/52 � 145 R dated 9.1.1953. No further notification declaring the land as the protected forest after thirty years of the said notification has been published in the gazette and therefore the place of occurrence on the date of incident could not be considered as protected forest and if it was so, the petitioner is not liable to be punished under section 33(c) of the Indian Forest Act. Learned counsel has also relied upon the judgment of this Court reported in 2003 (2) JCR 525.
(3.) ON the other hand, learned counsel for the State though opposed the prayer, but failed to bring on record further notification after expiry of 30 years declaring the place of occurrence as protected forest.;