AMARESHWAR SAHAY, J. - (1.) HEARD Mr. Bajaj, learned senior counsel appearing for the petitioner and Mr. Mishra, learned Government Pleader No. II for the respondents.
(2.) WITH the consent of the parties, this application is being finally heard and disposed of at this stage itself. In the present application the petitioner has challenged the order dated 12.11.2001 passed by the Chief Judicial Magistrate, Lohardaga taking cognizance of the offence under Sections 26 and 63 of the Indian Forest Act and Sections 2 and 3 -A of the Forest Conservation Act against the petitioner and others and has prayed for quashing of the entire criminal prosecution against him mainly on the ground that the cognizance taken against the petitioner for the aforesaid offences was barred by law of limitation as envisaged under Section 468(2) of the Cr PC.
(3.) IT appears that on 7.11.1997, the Range Officer of the Forest, Lohardaga reported to the Divisional Forest Officer, West Division, Ranchi that on 6.11.1997 while he was on patrolling duty inside Pakhar Reserve Forest, he saw working of road construction was being done and found trace mark of tyre of trucks. He also found that mining operation of M/s. HINDALCO was going on there, which was being done by the contractor namely, Yash Construction. It is said that the petitioner was the General Manager (Administration and Finance) of M/s. HINDALCO at the relevant time.;