C.P. PANDEY AND ORS. Vs. STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2014-1-236
HIGH COURT OF JHARKHAND
Decided on January 28,2014

C.P. Pandey And Ors. Appellant
VERSUS
State Of Jharkhand And Ors. Respondents

JUDGEMENT

R.R. Prasad, J. - (1.) By invoking inherent jurisdiction of this Court, the petitioners have prayed for quashing of the entire criminal proceeding of B.F. Case No.7 of 2012 including the order whereby and where under cognizance of the offences punishable under Sections 33 of the Indian Forest Act (Bihar Amendment Act, 1989) and also under Sections 63 and 52 of the Indian Forest Act has been taken against these petitioners on the allegation that the petitioners, officials of M/s. Electro Steel Steels Limited by using heavy earth moving machine did non-forest activities over the land which was part of the forest land.
(2.) Earlier on the allegation of constructing boundary wall over the land bearing plot nos.1120 and 1105 which are the subject matter in this case and also over plot nos.1159, 1389 and 1321 appertaining to Khata No.58, Mauza No.83, situated at Village-Bhagabandh, District Bokaro, several cases were lodged against number of employees including the Director of M/s. Electro Steel Steels Limited, upon which cognizance of the offence under Section 33 of the Indian Forest Act was taken.
(3.) Those orders were challenged before this Court in Cr.M.P.No.1653 of 2009 and analogous cases. This Court having taken notice of the facts that process of the notification as claimed to have been issued under Section 29(3) of the Indian Forest Act had neverbeen completed and that the parties have been exercising their respective rights, titles and possession over the land on the basis of registered sale- deeds executed by the raiyats in whose favour decree of declaration of right and title had been passed by the court of the competent jurisdiction, quashed the proceedings of all the cases including orders taking cognizance, vide order dated 31.7.2010.;


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