HARI SHANKAR PRASAD, J. - (1.) BOTH these application under Article 226 of the Constitution of India have been filed for quashing the entire criminal prosecution including order dated 8.9.2003 passed in Chatra P.S. Case No. 96 of 1984, corresponding to GR No. 334/84 registered under Sections 379, 411, 413, 420 and 120 -B of the Indian Penal Code.
(2.) FACTS leading to filing of these applications are that on 1.8.1984 Chitranjan Prasad a Range Officer of Forest, Chatra, (respondent No. 2) filed a written report before the officer -in -charge of Chatra Police Station alleging therein that petitioner -Pramod Kumar Jaiswal had illegally cut and removed khair trees from different protected forests of Chatra Sub -division after engaging labourers and had manufactured Khata for his wrongful gain. It is alleged that after removal of Khata he kept the same in the house of one Zafar Alam @ Gandhiji of Chatra town. It is further alleged that one ASP of Chatra Police Station, on the strength of search warrant, recovered 28 bags of katha weighing 1580 kgs from the house of Zafar Alam. It is alleged that Zafar Alam produced one document, which shows that the petitioner Bharat Narayan Singh had pawned the said katha to Zafar Alam for Rupees ten thousand. It is also alleged that since the petitioner -Pramod Kumar Jaiswal was habitual offender, therefore, legal action be taken against him and his companions, who were responsible for such crime. On the basis of aforesaid written report, Chatra Police Station Case No. 96/ 84, dated 1.8.1984 was registered under Sections 379 and 411 Indian Penal Code etc.
(3.) THE learned counsel for the petitioner submitted that the petitioners are neither named as accused nor any whisper has been made against them regarding their involvement in the case. He has submitted that in the year 1982 petitioner -Bharat Narayan Singh was posted as Forest Guard at Tetaria Forest check post and petitioner -Pramod Kumar Jaiswal, who had purchased Khair trees from the Forest Department, was manufacturing katha hear the said forest and had transported and manufactured katha from the manufacturing place to Chatra town after crossing five check posts amongst one check post, in which the petitioner -Bharat Narayan Singh was posted. It is alleged that petitipner -Bharat Narayan Singh has also conspired with petitioner -Pramod Kumar Jaiswal in making interpolation in the transit permit, for which they have been made accused in this case. Cognizance in the case was taken on 2.6.1987 under the aforesaid sections. It is further submitted that the katha, weighing 1580 kgs, which was recovered from the house of said Zafar Alam, was released in favour of petitioner -Pramod Kumar Jaiswal on 21.6.1991 (Annexure -3). Later on, since Section 413 Indian Penal Code was added, the case was committed to the Court of Sessions on 9.9.1992.;