Prashant Kumar, J. - (1.) THIS application has been filed for quashing the entire criminal proceedings in connection with G. Case No. 486 of 2011 including the order dated 21.12.2013, whereby and whereunder the learned Judicial Magistrate, Koderma took cognizance against the petitioner under Sections 33 & 42 of the Indian Forest Act. At the initial stage, petitioner had taken the plea that there is no notification under Sections 29 & 30 of the Indian Forest Act, therefore, no offence under Sections 33 & 42 of the Indian Forest Act made out.
(2.) LATER on, the State Government filed counter affidavit, wherein it annexed the notification dated 31st August, 1955 issued under Section 29 of the Indian Forest Act and notification dated 5th July, 1961 issued under Section 30 of the Indian Forest Act to show that land in question is forest land. Thereafter, an amendment application filed, wherein the petitioner challenged both the notifications on the ground that at the time of issuance of notification under Section 29 of the Indian Forest Act, no inquiry pending, therefore, the aforesaid notification is bad in law. Consequently, the second notification issued under Section 30 of the Indian Forest Act is also against the law.
(3.) A supplementary counter affidavit filed, wherein respondent -State has stated that the inquiry, as envisaged under Section 29 of the Indian Forest Act, had already carried out and the same had been concluded. Accordingly, it is submitted in the supplementary counter affidavit that the notification issued under Section 29(3) is legally sustainable.;