NARENDRA NATH TIWARI,J. - (1.) IN I.A. No. 1040 of 2009, the petitioners have prayed for sending the lower court record back to the court below, as the documents available on record are required to be produced in a civil suit, being T.S. No. 10 of 1997, pending in the court of Sub -Judge -I, Chatra.
(2.) IT has been submitted that by order dated 14th March, 2002, this Cr.M.P. was admitted and lower court record was called for. Further proceeding of the court below was also stayed. However, this case could not be finally heard by this Court. It has been submitted that the petitioners have filed the said title suit for declaration of their right and title including other reliefs, as the Opposite Party -Forest Department time and again disputes the petitioners' right, title and peaceful possession over the land and institutes frivolous criminal cases. On the same set of allegation regarding the said land, the Forest Department had earlier brought a complaint case, being U.C. Case No. 412 of 1992, in the court of Judicial Magistrate, 1st Class, Chatra in which the petitioners -Loki Mahto and Charan Mahto were also made accused of the offence under Section 33 of the Indian Forest Act. In the said case after full -fledged trial, the petitioners were acquitted of the charges. It has been submitted that though the petitioners have their bona fide claim of title and possession over the land, the Forest Department, taking undue advantage of its power unnecessarily, has dragged the petitioners in a criminal case and the learned court below without taking into consideration all the legal and factual aspects has taken cognizance of the offence under Section 33 of the Indian Forest Act against the petitioners over again.
(3.) SUBSEQUENTLY , in U.C. Case No. 48 of 1996 instituted by the Forest Department over the said land, rule was made absolute against the Forest Department and discharged in favour of the petitioners. In order to avoid the said situation, the petitioners have filed a title suit in the court of Subordinate Judge for declaration of their right and title, in which the documents, which are available on this record, are required to be filed. Learned Counsel submitted that the case itself can be finally heard and disposed of.;