The absence of a notification under section 30 of the Indian Forest Act and the history of the land being decreed in favor of the petitioners were crucial in quashing the criminal proceedings.

JUDGMENT :

1. Heard Mr. Saurav Arun, learned counsel for the petitioners and Mr. Suraj Verma, learned counsel for the State.

2. The present petition has been filed for quashing of Complaint Case No. 601 of 2016 including order dated 10.11.2016 whereby cognizance has been taken against the petitioners under section 33 of the Indian Forest Act, pending in the Court of learned Judicial Magistrate, 1st Class, Bokaro.

3. Prosecution report has been submitted alleging therein that on 21.07.2016 at about 8.A.M. when the forest officials were on patrolling duty, they found that in plot no. 15, cementing work on the boundary was going on in presence of Secretary and President through labourers and mistries and after seeing the patrolling team, they fled away and the patrolling team came to know about the accused nos. 1 and 2 and all the materials found at the spot have been seized. The forester on 22.07.2016 has made inquiry at the place of occurrence and found the occurrence true. Thus the accused persons violated section 29 of the Forest Act and accordingly, cognizance has been taken on 10.11.2016.

4. Mr. Saurav Arun, learned counsel for the petitioners submits that land in dispute is plot nos. 5 and 15 of village Bandhgora, Thana No. 35, P.S. Pindrajora, District-Bokaro which was raiyati land and earlier a dispute was raised between the Forest Department and concerned raiyats of the plot in question for which the Title Suit No. 140 of 1954 was preferred by 11 plaintiffs against the State of Bihar and one of the plaintiff was Shanti Ram Mahtha and the plot nos. 5 and 15 of Khata No. 28 were covered in the said title suit. He further submits that on 24.07.1956 a decree was passed in favour of the plaintiffs of the said title suit in which it was held that the said government notification would not cover plot no. 5 and 15 as private protected forest of Forest Department and as such the right title and the interest of the plaintiffs was maintained over the same. He further submits that the said land was purchased by the Adarsh Sahkari Grih Nirman Samiti from heirs of Shanti Ram Mahtha by registered deed in the year, 1984. He further submits that when the members of the said Samiti were started to construct their house, the Range Officers, Chas Range, Chas has filed a petition under section 144 of the Cr.P.C. registered as Case No. 1701 of 1987 and the same was decided in favour of the Samiti on 12.02.1988. He further submits that again a petition under section 145 of the Cr.P.C. was filed by the Forest Department against the petitioners in which an attachment order was passed and the same was challenged before the Hon’ble Court which was numbered as Criminal Revision No. 27 of 1990 (R) which was decided on 23.05.1995 holding therein that Notification under section 29 of the Act was published, possession of the land would be deemed to have been taken by the Forest Department, cannot be held to be legally sustainable and must be rejected. He further submits that the Range Officer, Chas Range, Chas thereafter filed a land encroachment case before the Land Reforms Deputy Collector, Dhanbad which was numbered as BPLE Case No. 19 of 1988-89 against the Adarsh Sahkari Grih Nirman Samiti and the said case was decided in favour of the said Samiti. He further submits that inspite of these orders Forest Department again issued a notice on 20.11.1992 in the same case i.e. BPLE Case No. 19 of 1988-89 and being aggrieved by the same the Samiti filed a Writ Application numbered as CWJC No. 1232 of 1993 which was finally decided on 16.06.2003 by which notice was quashed by this Court and the case was decided in favour of the petitioners. He further submits that in the said case liberty was provided to the Forest Department to avail remedy but the remedy was not availed and again the Forest Department filed Title Suit No. 11 of 2005 which is still pending. He further submits that notification under section 29 of the Forest Act is dated 24.05.1958 and Secti