RONGON MUKHOPADHYAY,J. - (1.) In this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with B.F. Case No. 05 of 2004 (P.C. No. 69 of 2003-04) including the order dated 23.2.2004 passed by the learned Judicial Magistrate, Dhanbad, by which cognizance has taken for the offence punishable under section 33 Indian Forest Act ('the Act' for short).
(2.) The allegation made in the prosecution report is to the effect that on account of storage of water by Damodar Valley Corporation (D.V.C.), Maithan as also increase of water level at a rapid speed, vast area of the forest land became submerged in the water, resulting in the plantation work and the trench fencing damaged. Pursuant to the offence report of the Forester and on making a survey it was detected that Plot No. 2345 of Dulalsol village and Plot No. 01 of Gagna village which was notified as forest land along with 15 acres of other notified forest land had been flooded. Based on the aforesaid allegations, B.F. Case No. 05 of 2004 was instituted against the petitioners for the offence punishable under Section 33 of the Indian Forest Act.
(3.) Heard Mr. Satish Kumar Ughal, learned counsel appearing for the petitioners and Mr. Arun Kumar Pandey, learned A.P.P. for the State.;