- (1.) HEARD the parties and with their consent this writ application is disposed of at this stage itself.
(2.) IN this application, the prayer of the petitioner is to quash the order dated 24.05.2006 passed by the learned Chief Judicial Magistrate, Chaibasa taking cognizance for the offence under Section 26 of the Indian Forest Act as well as under Section 3 A of the Forest Conservation Act and under Section 51 of the Wildlife Protection Act against the petitioner in connection with C/3 Case No. 5/2006. The facts in short, given rise to this application, are that a prosecution was launched at the instance of forest guard by filing a prosecution report, wherein he alleged that it is came to his knowledge that a bus belonging to Meghahatuburu Iron Ore Mines was travelling to forest area and in that course a barking deer got hit by the said bus. The driver of the bus brought that injured barking deer in the garage of Meghahatuburu Iron Ore Mines. It is further alleged that on receipt of such information, the informant went to the garage of Meghahatuburu Iron Ore Mines and then came to know that one Dharamchand Prasad was the driver of the said bus. He further came to know that the said barking deer was handed over to one Motki Purti of village Sagwanbera, but the barking deer died by that time, thereafter it was handed over to one Munna Barjo. It is further alleged that the villagers of Sagwanbera consumed the meat of that barking deer. On being enquired, Munna Barjo admitted the killing of barking deer. So far as the petitioner is concerned, it was alleged that inspite of the fact that due information was given to him about the occurrence but he being the General Manager of Meghahatuburu Iron Ore Mines, did not take any action in the matter and, therefore, he was also indirectly involved in the said commission of the offence.
(3.) THE learned Court below on the basis of allegation made in the prosecution report, took cognizance of the offence vide order dated 24.05.2006 against the accused Munna Barjo, Dharamchand Prasad, Dildar Purti, Motki Purti, Menjari Barjo and also against Manas Kumar i.e. the petitioner herein for the offence under Section 26 of the Indian Forest Act, under Section 3 A of the Forest Conservation Act as well as under Section 51 of the Wildlife Protection Act.;