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A.P.SEN, D.P.MADAN
Divisional Forest Officer – Appellant
Versus
G. V. Sudhakar Rao – Respondent


Advocates:
Mr. K. Parasaran, Attorney General and Mr. G. Narashimulu, Advocate with him - For the Appellants.
Mr. P. Ram Reddy, Sr. Advocate, Mr. A. V. V. Nair, Advocate with him - For the Respondents.

JUDGMENT

A. P. Sen, J. - This appeal by special leave raises a question whether the High Court could have stayed under section 482 of the Code of Criminal Procedure, 1973 the proceedings for confiscation of illicitly felled teak timber trees by the respondents from the reserved forests in Adilabad district, which were seized under subsection (1) thereof, pending before the Divisional Forest Officer Hyderabad who is the Authorised Officer under section 44(2A) of the Andhra Pradesh Forest Act, 1967 till the disposal of the criminal case pending against him before the Court of XVIIth Metropolitan Magistrate, City Civil Court, Hyderabad for commission of alleged offences punishable under section 200)(c)(iv) and (x) and section 20(1)(d) read with section 29(4)(a)(ii) of the Act.

2. First as to the facts. On an information being laid that the respondent G. V. Sudhakar Rao was indulging in widespread illicit felling and removal of teak trees from the reserved forest in Adilabad district, the Forest Range Officer, Flying Squad, Nirmal on July 18. 1982 seized teak timber measuring 42.7 cubic metres valued at Rs. 1,71,000 from the residential house of the respondent under subsection (l) of s

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