JUDGEMENT
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(1.) Since the common questions of law are involved in all these applications, they were heard together, and are disposed of by this common order.
(2.) Heard the learned counsel for the petitioners and learned counsel for the opposite parties.
(3.) The petitioners herein, at the relevant time, were posted as senior officials in the Central Coalfields Ltd., a Government Company, and the cases in which they have been made accused and the reliefs prayed for by them, are detailed hereunder :-
(a) Cr.M.P. No. 918 of 2003
This application has been filed by the petitioners for quashing the entire criminal proceeding in connection with Forest Case No.42 of 2003, for the offence under Sections 33 and 63 of the Indian Forest Act and Sections 2 and 3 of the Forest (Conservation) Act, including the order dated 2.7.2003 passed therein, by the learned Additional Chief Judicial Magistrate, Bermo at Tenughat, taking cognizance for the aforesaid offences against the petitioners. In this case there is allegation against the petitioners, being the officials of the Central Coalfields Ltd., to be involved in illegal mining of coal in Karo, Vaidkaro and Kargali protected forests, without prior permission of the Central Government.
(b) Cr.M.P. No.1078 of 2003
This application has been filed for quashing the entire criminal proceeding instituted against the petitioners, in connection with Forest Case No.40 of 2003, for the offence under Section 33 of the Indian Forest Act and Sections 2 and 3 of the Forest (Conservation) Act, including the order dated 2.7.2003 passed therein by the learned Additional Chief Judicial Magistrate, Bermo at Tenughat, taking cognizance for the said offences. In this case there is allegation against the petitioners, being the officials of the Central Coalfields Ltd., to be involved in illegal mining of coal in Gobindpur and Armo protected forests, without prior permission of the Central Government.
(c) Cr.M.P. No.1149 of 2003
This application has been filed for quashing the entire criminal proceeding against the petitioners in connection with forest Case No.41 of 2003, for the offence under Sections 33 and 63 of the Indian Forest Act and Sections 2 and 3 of the Forest (Conservation) Act, including the order dated 2.7.2013 passed therein by the learned Additional Chief Judicial Magistrate, Bermo at Tenughat, taking cognizance against the petitioners for the said offences. In this case there is allegation against the petitioners, being the officials of the Central Coalfields Ltd., to be involved in illegal mining of coal in Bermo and Kudpania protected forests, without prior permission of the Central Government.
(d) Cr.M.P. No.1150 of 2003
This application has been filed for quashing the entire criminal proceeding against the petitioners in Forest Case No.20 of 2003, for the offence under Sections 2 and 3 of the Forest (Conservation) Act and Section 33 of the Indian Forest Act, including the order dated 2.7.2003 passed therein by the learned Additional Chief Judicial Magistrate, Bermo at Tenughat, taking cognizance for the aforesaid offences. In this case there is allegation against the petitioners, being the officials of the Central Coalfields Ltd., to be involved in illegal mining of coal in Dhori protected forest, without prior permission of the Central Government.
(e) Cr.M.P. No.1151 of 2003
This application has been filed for quashing the entire criminal proceeding against the petitioners in forest Case No.39 of 2003, for the offence under Sections 33 and 63 of the Indian Forest Act and Sections 2 and 3 of the Forest (Conservation) Act, including the order dated 2.7.2013 passed therein by the learned Additional Chief Judicial Magistrate, Bermo at Tenughat, taking cognizance against the petitioners for the said offences. In this case there is allegation against the petitioners, being the officials of the Central Coalfields Ltd., to be involved in illegal mining of coal in Gobindpur protected forest, without prior permission of the Central Government.;
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