Rongon Mukhopadhyay,J. - (1.) Heard Mr. Binod Kr. Dubey, learned counsel for the petitioners and Mr. Arun Kr. Pandey, learned counsel for the State.
(2.) In this application, the petitioners have prayed for quashing the entire criminal proceedings in connection with U.C. Case No. 345 of 1998 (T. R. No. 298 of 2003) including the order dated 15.12.1998 passed by the learned Judicial Magistrate, 1st Class, Chatra whereby and where under, cognizance has been taken for the offence punishable under Sections 33 of the Indian Forest Act.
(3.) The case of the prosecution as it appears from the prosecution report is that the petitioners were found to have indulged themselves in digging the earth over Plot no. 1189, appertaining to Khata no. 75 situated at village Bakchumba, P.S. Chatra, District - Chatra and thereby they had encroached upon the land which had been declared protected forest by virtue of notification issued in the year 1955 and thereby the petitioners have been alleged to have committed offence under Section 33 of the Indian Forest Act.;