JHARKHAND HIGH COURT ISSUES ORDER ON KUNDAN KUMAR V/S THE STATE OF JHARKHAND AND ANR.

RANCHI, India, Sept. 19 -- Jharkhand High Court issued the following order on Aug. 19:

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding of C.P. Forest Case No.805 of 2018 involving the offences punishable under Section 33 of the Indian Forest Act as well as the order taking cognizance dated 19.07.2019 passed by the learned Judicial Magistrate-1st Class, Bokaro.

3. The allegation against the petitioner is that the petitioner on 17.11.2014, was constructing a boundary with bricks over the forest land bearing plot No.337, Mouja- Kamaldih, DistrictBokaro.

4. Learned counsel for the petitioner draws the attention of this Court towards page No.5-8 of the Supplementary Affidavit dated 21.12.2024 which is the order passed by the District Magistrate, Bokaro in B.P.L.E. Appeal No.189 of 2016 dated 17.12.2018 and submits that therein it has categorically been mentioned that the Circle Officer, Chas has intimated that the plot No.337 of MoujaKamaldih, District- Bokaro is a land under Raiyati Khata and the Jamabandi of the same after mutation, was allowed and has been entered vide Jamabandi No.743 and considering the same, the District Magistrate, Bokaro has allowed the appeal and dropped the proceeding under the Bihar Public Land Encroachment Act (B.P.L.E. Act). It is next submitted that since the land in question bearing plot No.337 of Mouja- Kamaldih, District- Bokaro, is not a forest land, hence, continuation of this criminal proceeding against the petitioner will amount to abuse of process of law and in the absence of the place of occurrence land being a forest land, the offence punishable under Section 33 of the Indian Forest Act cannot be made out. Hence, it is submitted that the prayer of the petitioner, as made in the instant Cr.M.P., be allowed.

5. Learned Addl. P.P. appearing for the State fairly submits that the District Magistrate, Bokaro has already observed that the land in question is not a forest land; the same is a land of Raiyat Khata.

6. In view of the said submission of the learned Addl. P.P. appearing for the State, this Court is of the considered view that since the place of occurrence land, is admittedly not a forest land, hence, the continuation of this criminal proceeding against the petitioner, will amount to abuse of process of law and this is a fit case where the prayer of the petitioner, as prayed for in the instant Cr.M.P., be allowed.

7. Accordingly, the entire criminal proceeding of C.P. Forest Case No.805 of 2018 as well as the order taking cognizance dated 19.07.2019 passed by the learned Judicial Magistrate-1st Class, Bokaro, is quashed and set aside.

8. In the result, this Cr.M.P. stands allowed.

Disclaimer: Curated by HT Syndication.