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ANIL KUMAR CHOUDHARY
Laxmi Mahto @ Lakshmi Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT
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 the prayer to quash the entire criminal proceedings against the petitioners in connection with Complaint Case No. 2284 of 2018 pending in the Court of the learned SDJM, Giridih registered for the offences punishable under Section 33(1)(c) of the Indian Forest Act, 1927 and the order taking cognizance dated 16.05.2019 passed by the learned SDJM, Giridih in the said case and other reliefs.
3. At the outset, the learned senior counsel for the petitioners submits that the petitioners do not press other reliefs and confine their prayer only to quash the entire criminal proceedings including the order taking cognizance dated 16.05.2019 passed by the learned SDJM, Giridih in Complaint Case No. 2284 of 2018.
4. Accordingly, all the other reliefs prayed for in this criminal miscellaneous petition, except the prayer prayed for as mentioned above, are rejected as not pressed.
5. The allegation against the petitioners is that the petitioners in contravention to the prohibition of notification under Section 30 of the I
Forest offence – There is no maximum time period fixed for notification under Section 30(c) of Indian Forest Act, 1927.
Notifications under Sections 30(a) and 30(c) of Indian Forest Act have no 30-year expiry unlike Section 30(b); clearing protected forest for building violates ongoing prohibition under 30(c), preclud....
The notification under Section 29 of the Indian Forest Act declaring land as protected forest is final and does not require a separate final notification. The provisions of the Bihar Private Forest A....
The central legal point established in the judgment is the application of the limitation period under Section 468 Cr.P.C. and the impact of the affirmed Title Suit in favor of the petitioners' vendor....
The main legal point established in the judgment is that in a land dispute involving a claim of being a bonafide purchaser, absence of objection from the relevant authority, and absence of re-notific....
The court reaffirmed that the notification under the Indian Forest Act validly vested land with the State, and the appellate authority exceeded its jurisdiction by setting aside unchallenged notifica....
Point of Law : Illegal occupants/encroachers are not entitled to any prior notice.
Ownership rights do not permit construction on protected forest land, as established by relevant forest laws.
The court quashed criminal proceedings under the Indian Forest Act, ruling that the land in question is raiyati land and not part of a protected forest, preventing abuse of process.
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