- (1.) Heard Mr.Tiwari, learned counsel appearing for the petitioner and Mr.Mishra, learned G.P.-II of the respondents.
(2.) In the present writ application, the petitioner has prayed for quashing of the entire criminal proceeding being case No. C3-36/2001, instituted on the basis of an offence report lodged by the Forest Officials against the petitioner, who is the Divisional Railway Manager and three others namely, the Train Driver, Bogy Conductor and Train Guard for the alleged commission of the offence under Sections 33, 41 and 42 of the Indian Forest Act (Bihar Amendment Act, 1989).
(3.) It appears that earlier several cases were lodged by the State Forest Officials against Railway Officials for the alleged commission of the offences under the Forest Act in allowing the illegal transportation of the Forest wood. The Railway authorities challenged the action of the State Forest Officials instituting criminal cases against their authorities by filing several writ petitions before this Court being W.P. C. Nos. 4162/2001, 4163/2001, 4164/2001, 4165/2001 and 4166/2001 and this Court after hearing the parties, by order dated 02/12/2002, as contained in Annexure-1 to this writ application, disposed of the aforesaid writ petitions in the manner indicated hereinbelow. The operative portion of the order dated 02- 12-2002 is quoted hereinbelow for ready reference :- "In the facts and circumstances, I do not intend to give any finding relating to jurisdiction of the State Officials to initiate proceeding. However, they will sort out the dispute and will drop the present proceeding in question against the railway. In future, if it comes to the notice of the State Forest Officials that any railway employee allowed any unauthorized passenger to carry wood in train, they will bring the matter to the notice of the concerned D.R.M. for appropriate action against the railway employees, such as train driver, guard, T.T.E. The action may also be taken against G.R.P.F. of the State, if they do not cooperate (sic) to such illegal activities.";