- (1.)means of this petition under Section 482 of Criminal Procedure Code (hereinafter referred to 'Cr.P.C.'), petitioner Santosh Kumar has prayed to quash the order dated 11.02.2009 passed by learned Additional Sessions Judge/Fast Track Court-I, Bahraich in Revision No.654 of 2005 (State Vs. Santosh Kumar) whereby the order dated 15.09.2004 passed by learned Chief Judicial Magistrate, Bahraich, releasing the seized timber in Case No.630/XII/2005 having Range Case No.8 of 1992-93 in favour of the petitioner has been set aside.
(2.)Brief facts for deciding this petition are that on 02.08.1992, in pursuance of a search warrant, certain timber belonging to forest was recovered from the house of Kaushal Kishore, father of the petitioner. Thereafter, recovery memo (Annexure-2 to this petition) was prepared. On the basis of recovery, a Range Case No.8 of 1992-93 was registered against Kaushal Kishore and explanation was called for from Kaushal Kishore who submitted his reply stating therein that the seized timber was purchased by him from one Ashok Kumar Singh, Contractor. Instead of releasing the timber in favour of Kaushal Kishore on the basis of reply submitted by him, the Department recommended for trial. Thereafter, Kaushal Kishore, moved an application before learned Chief Judicial Magistrate, Bahraich to release the timber in his favour. Learned Chief Judicial Magistrate, Bahraich on furnishing a personal bond of Rs.1 lac with two sureties in the like amount directed to release the timber vide its order dated 08.02.2000. The order dated 08.02.2000 was assailed by the Forest Department in Criminal Revision No.302 of 2000. During the pendency of this revision filed by the Forest Department, Kaushal Kishore died and in absence of any provision of substitution, the court held that after death of Kaushal Kishore revision become infructuous and consequently, the revision was dismissed vide order dated 30.11.2004. Thereafter Santosh Kumar and others moved an application before learned Chief Judicial Magistrate, Bahraich being the sons of late Kaushal Kumar stating therein that they being the owners of the timber are entitled to get the timber released in their favour in pursuance of the order dated 08.02.2000. Thereafter, learned Chief Judicial Magistrate, Bahraich vide its order dated 15.09.2005 allowed the application moved by the petitioner to release the timber in compliance of the order dated 08.02.2000 holding that the order dated 08.02.2000 cannot said to be infructuous or unenforceable. Aggrieved by the order dated 15.09.2005, the Forest Department again preferred Criminal Revision No.654 of 2005 before learned Sessions Judge. Learned Sessions Judge transferred the revision to learned Additional Sessions Judge/Fast Track Court No.1 who after hearing the parties allowed the revision vide order dated 11.02.2009. Aggrieved by the said order, the present petition under Section 482, Cr.P.C. has been filed by the petitioner.
(3.)Heard learned counsel for the petitioner and learned A.G.A. and perused the recorde.