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2012 Supreme(Jhk) 716

JHARKHAND HIGH COURT
H.C. MISHRA, J.
Md. Fasiuddin & Ors.- Petitioners
Versus
The State of Bihar (Now Jharkhand) & Anr. - Opposite Parties
Cr. Misc. Nos. 7391, 7392, 7394 and 8978 of 2000 (R)
Decided on: 07.05.2012

Advocates appeared:
For the Petitioners:Mr. R.S. Majumdar, Sr. Advocate Indrajit Sinha, Ajay Kumar Sah & Kumal Vimal, Advocates
For the State: M/s V.S. Sahay & S.K. Dubey, A.P.Ps.

The main legal point established is that vicarious liability must be specifically provided in the statute, and clear allegations of direct involvement or responsibility are required to hold individuals liable for offences committed by a company.

Headnote:

Vicarious Liability - Forest Offences - Indian Forest Act, Section 33(c); Forest (Conservation) Act, Section 2(ii), 3-A, 3-B

Fact of the Case:

The petitioners, senior officials of TISCO, were accused of forest offences under the Indian Forest Act and the Forest (Conservation) Act. The allegations were based on TISCO's mining operations in protected forests without valid permissions.

Finding of the Court:

The court found that there was no specific allegation against the petitioners for committing any offence. It held that there is no provision for vicarious liability under Section 33 of the Indian Forest Act. Additionally, it noted that the petitioners were not directly in charge or responsible for TISCO's conduct of business, as required under the Forest (Conservation) Act.

Issues: The main issue was whether the petitioners could be held vicariously liable for the forest offences committed by TISCO.

Ratio Decidendi: The court relied on legal provisions and previous Supreme Court decisions to establish that vicarious liability must be specifically provided in the statute. It emphasized that the petitioners could not be held liable without clear allegations and evidence of their direct involvement or responsibility.

Final Decision: The court quashed the criminal proceedings against the petitioners in all the mentioned cases, as it found the initiation of proceedings against them to be illegal and unsustainable.

JUDGMENT

H.C. MISHRA, J.-As common questions of law are involved in all these applications, they are taken up together and disposed of by this common judgment.

2. The petitioners, herein, at the relevant time were posted as senior officials in TISCO, Noamundi, and the cases in which they have been made accused, and the reliefs prayed for by them are detailed herein under:-

(a) Cr. Misc. No.7391 of 2000 (R)

This application has been filed by the petitioners for quashing the criminal proceedings in C/3 Case No. 15 of 1998, pending before the Court of learned Chief Judicial Magistrate, Chaibasa, which was instituted on the basis of the prosecution report sent to the Court of Chief Judicial Magistrate, Chaibasa under Memo No. 425 dated 25.4.1998, alleging therein that TISCO was found involved in mining operations on 13.4.1998 in the protected forests Mahudi, Sarbil and Korwa, whereas temporary working permission granted to the TISCO by the Government of India for carrying the mining operations, had already expired on 12.4.1998. Accordingly, it is alleged that TISCO had committed offence under Section 33(c) of the Indian Forest Act and Section 2 (ii) of the Forest (Conservation) Act. On the basis of the prosecution report submitted by the Forest Officials, C/3 Case No. 15 of 1998 was instituted, wherein by order dated 27.4.1998, passed by the learned Chief Judicial Magistrate, Chaibasa, cognizance was taken against the petitioners, being the officials of the TISCO, for the offences under Section 33 of the Indian Forest Act and Section 2 of the Forest (Conservation) Act.

(b). Cr. Misc. No. 7392 of 2000 (R)

This application has been filed by the petitioners for quashing the prosecution against them in C/3 Case No. 16 of 1998, pending before the learned Chief Judicial Magistrate, Chaibasa, which was instituted on the basis of the prosecution report sent to the Court of Chief Judicial Magistrate, Chaibasa under Memo No. 426 dated 25.4.1998, alleging that TISCO was found involved in mining operations under protected forest Noamundi on 13.4.1998, whereas, temporary working permission granted to the TISCO by the Government of India, had already expired on 12.4.1998 and accordingly, TISCO had committed offence under Section 33 (c) of the Indian Forest Act and Section 2 (ii) of the Forest (Conservation) Act. On the basis of the prosecution report submitted by the Forest Officials, C/3 Case No. 16 of 1998 was instituted, wherein by order dated 28.4.1998, passed by the learned Chief Judicial Magistrate, Chaibasa, cognizance was taken against the petitioners, being the officials of the TISCO, under Section 33 (c) of the Indian Forest Act and Section 2 (ii) of the Forest (Conservation) Act.

(c). Cr. Misc. No. 7394 of 2000 (R)

This application has been filed for quashing the prosecution against the petitioners in C/3 Case No. 27 of 1999, which was instituted on the basis of the prosecution report sent to the Court of Chief Judicial Magistrate, Chaibasa, under Memo No. 153 dated 11.2.1999, alleging that on 4.2.1999 TISCO was found involved in mining operations in Noamundi, Sarbil, Mahundi and Korwa protected forests, even though the temporary working permission granted by the Government of India had expired on 11.10.1998. On the basis of the prosecution report, C/3 Case No. 27 of 1999 was instituted against the petitioners, being the officials of the TISCO, and cognizance was taken against them for the offence under Sections 2(ii), 3-A, 3-B of the Forest (Conservation) Act and Section 33 (c) of the Indian Forest Act.

(d). Cr. Misc. No. 8978 of 2000(R)

This application has been filed for quashing the criminal prosecution in C/3 Case No. 83 of 1996, then pending in the Court of Shri Ashok Kumar, Judicial Magistrate, Chaibasa, which was instituted on the basis of the prosecution report forwarded to the Court of Chief Judicial Magistrate, Chaibasa, under Memo No. 944 dated 5.7.1996, wherein, it was alleged that on 13.12.1995, TISCO was found felling t







































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