R.R.PRASAD,J. - (1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the State.
(2.) THIS application has been filed for quashing of the entire criminal proceeding of U.C. Case no.22 of 1999 including the order dated 18.3.1999 whereby and whereunder the then Sub-divisional Judicial Magistrate, Chatra took cognizance of the offence punishable under Section 33 of the Indian Forest Act against the petitioners. The case of the prosecution as it appears from the prosecution report is that these four petitioners were found to have indulged themselves in digging the earth over Plot no.1189, appertaining to Khata no.75 situated at village Bakchumba, P.S Chatra, District-Chatra and thereby they had encroached the land which had been declared protected forest by virtue of notification issued in the year 1955 and thereby the petitioners have been alleged to have committed offence under Section 33 of the Indian Forest Act.
(3.) ON submission of the prosecution report, cognizance of the offence was taken under Section 33 of the Indian Forest Act against the petitioners vide order dated 18.3.1999 which is under challenge.;