R.R. Prasad, J. - (1.) THIS application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of B.F. Case No. 49 of 2003 lodged against the petitioners under Sections 33, 41 and 42 of the Indian Forest Act read with Section 2, 3(A) and 3(B) for contravention of the provisions of the Indian Forest Act and also the Forest (Conservation) Act, 1980 and also for quashing the order dated 15.10.2003 passed by Chief Judicial Magistrate , Dhanbad whereunder cognizance of the offences as alleged was taken against the petitioners.
(2.) BEFORE coming to the submission advanced on behalf of the petitioners in support of their case prosecution case as disclosed in the prosecution report needs to be stated herein. On 30.8.2003 during the routine inspection forest guard noticed that the petitioners by deployment of huge work force extracted and mined out coal about 700 MT from the Ghanudih protected forest area. Thereupon the opposite party No. 2 filed a prosecution report. Upon which the case was instituted and the Chief Judicial Magistrate on 15.10.2003 took the cognizance of offences alleged.
(3.) BEING aggrieved with the said order as well as by the prosecution itself, the petitioners have preferred this application.;