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2016 Supreme(Pat) 459

ASHWANI KUMAR SINGH
Satrudhan Mistri – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners:Mr. Vinay Mistry, Advocate.
For the Opposite Parties : Dr. Mayanand Jha, APP.

JUDGMENT :

Heard Mr. Vinay Mistry, learned counsel for the petitioners and Dr. Mayanand Jha, learned Additional Public Prosecutor for the State.

2. By way of the present application preferred under Section 482 of the Code of Criminal Procedure, 1973 (for short “CrPC”), the petitioners have sought for quashing of the order dated 08.06.2013 passed by the learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in Forest Case No. 1 of 2013, whereby finding a prima facie case to be made out for the offences punishable under Sections 33, 41 and 42 of the Indian Forest Act, 1927 (for short “the Forest Act”) cognizance has been taken and the petitioners have been summoned to face trial.

3. The prosecution report discloses about an occurrence which is said to have taken place on 02.01.2010. It has been stated in the report submitted by one Dhanik Paswan, a Forester, Goh-Haspura before the learned SDJM, Daudnagar that four trees of Sisam were cut down and removed from Pachrukhiya raod. On inquiry, it transpired from the villagers that the culprits including the petitioners carried the timber by tractor and sold them.

4. On the basis of said prosecution report submitted by the aforesaid














































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