- (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.19 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 6 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 13.7.2006 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 of- fence as stated above was taken against the petitioner.
(3.) Being aggrieved with that order, this writ application has been filed for quashing the entire criminal proceeding including the order taking cognizance.;