- (1.) Heard learned counsel for the petitioner and learned counsel for the opposite parties.
(2.) This application has been filed for quashing the entire criminal proceeding initiated against the petitioner, in connection with B.F. Case No.36 of 2003, for the alleged offence under Section 33 of the Indian Forest Act, pending in the Court of the Chief Judicial Magistrate, Dhanbad.
(3.) The offence report and the prosecution report brought on record show that on 10.9.2003, the forest officials found that in Dhanuadih protected forest, a dumper was being loaded with coal by a pay loader, but upon seeing the forest officials, the dumper managed to flee away, but the pay loader was apprehended and driver of the pay loader was arrested. Thereafter the prosecution report was lodged before the Chief Judicial Magistrate, Dhanbad, for the offence under Section 33 of the Indian Forest Act, on the allegation of illegal mining of coal in the protected forest area, in which, the petitioner has been named, being the Director (Technical), Coal India Ltd., and Acting Chairman-cum-Managing Director of Bharat Coking Coal Ltd.;