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2012 Supreme(Jhk) 716

H.C.MISHRA
Md. Fasiuddin – Appellant
Versus
State of Bihar – Respondent


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.

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













































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