- (1.) THIS writ application has been filed for quashing the entire criminal prosecution including the order dated 14.7.2008 passed in Complaint case bearing C/1 case no.11 of 2006 whereby cognizance of the offence under section 33 of the Indian Forest Act and also under section 2 of the Forest Conservation Act has been taken against the petitioner.
(2.) THE case of the prosecution is that one Rajendra Sharma, a Forest Guard while was patrolling along with another Forest Guard Anthrons Soreng in Gurdari Forest, he saw accused Md. Kasim Ansari along with other labourers extracting Bauxite by digging earth of the forest area but they on being chased, succeeded in taking to their heels. When they returned at the site, they found 5 tonnes of Bauxite lying there and it was suspected that at the instance of some persons of M/s Hindalco Industries Limited, Md. Kasim Ansari has committed that offence and, accordingly, offence report dated 21.6.2006 was sent before the Chief Judicial Magistrate, Gumla . On submission of the said offence report before the Divisional Forest Officer, (West Lohardaga), Ranchi Forest Division, the matter was enquired into by Forester, Netarhat and in course of enquiry from the villagers, it came to now that said Md. Kasim Ansari at the instance of the petitioner(Manager Gurdari Mines) gets Bauxite extracted from the forest area and accordingly, prosecution report was submitted on 14.7.2008 and on that day cognizance of the offence as stated above was taken against the petitioner. Being aggrieved with that order, this writ application has been filed for quashing the entire criminal proceeding including the order taking cognizance.
(3.) LEARNED counsel appearing for the petitioner submits that as per the offence report dated 21.6.2006 one Md. Kasim Ansari was seen taking out Bauxite along with other labourers from the forest area and without there being any reason, it was suspected that he committed that mischief at the instance of some persons of M/s. Hindulco Industries Limited and when the matter was enquired into by Forester, he from the villagers came to know that it was the petitioner at whose instance said Md. Kasim Ansari used to get Bauxite extracted from the forest area but the name of the villagers had not been mentioned, still cognizance of the offence was taken against the petitioner which is quite bad as prosecution report as well as offence report is quite vague, so far indulgence of the petitioner in the alleged offence is concerned. On the said prosecution report, the prosecution cannot secure conviction even if the entire allegation made in the prosecution report remains uncontroverted and hence, the entire criminal prosecution is fit to be set aside.;