The main legal point established is the protection of government officials under Section 197 Cr.P.C. and the requirement for the order taking cognizance to reflect the application of judicial mind.

JUDGMENT :

Heard Mr. R.S. Mazumdar, learned senior counsel appearing for the petitioners and Mr. Manoj Kumar, learned G.A.-III for the State.

2. This petition has been filed for quashing of the entire criminal proceedings as well the cognizance order dated 16.10.2015, whereby cognizance under Sections 33 and 42 of the Indian Forest Act has been taken against the petitioners, in connection with Government Complaint, being GO Case No. 291 of 2015, pending in the Court of learned Judicial Magistrate, 1st Class, Seraikella.

3. The prosecution case in brief is that on 14.05.2015, one Sunil Kumar Das, Forest Guard/Van Rakshi, Chandil Beat, has written a letter to the Sub Beat Officer /Van Parisar Padadhikari, Chandil Beat, stating therein that on 14.05.2015 during inspection of Ghodaling PF, he saw that one Simal Tree was felled in pieces. When he counted the felled pieces, it was 17 in total and was kept in custody of the Chowkidar of Madhuconn company. Accordingly, it was requested by the said Forest Guard/Van Rakshi to register a case against unknown" persons and he shall submit a report after further inspection. On receipt of the said letter dated 14.05.2015, the Sub Beat Officer /Van ParisarPadadhikari, Chandil Beat had forwarded the said complaint to Forest Range Officer/Van Khsetra Padadhikari, Chandil Forest Range vide his letter dated 15.05.2015. Subsequently the Forest Range Officer/VanKhsetra Padadhikari, Chandil Forest Range had written a letter dated 20.05.2015 to the Divisional Forest Officer, Saraikela Forest Division, stating therein that after receipt of the letter dated 14.05.2015 from the Forest Guard namely Sunil Kumar Das on 15.05.2015, he had visited the place of occurrence with the said Forest Guard on 18.05.2015 for inspection of Ghodaling PF wherein one Simal Tree was found to be felled to pieces.

It is alleged that diameter of the said tree was found to be 12'-6" which appeared to be similar to the diameter of the felled pieces lying there. In some distance from the place of occurrence, few workers were found to be felling the trees from whom they made enquiry. The workers informed the Forest Guards that they were hired by Madhuconn company and on the instructions of the said company's staff namely S.K. Singh and company's manager Rao Sahib, they are carrying out the work of felling of trees. When inquired about the Simal Tree lying on the forest ground, the workers stated that the felling of the said Simal Tree was also done on the instructions of the said S.K. Singh and Rao Sahib.

It is further alleged that during the process of felling of the said tree, two officers of NHAI had also visited who were being called as ChouraySaheb and Pandey Saheb and that they were giving instructions to Madhuconn Company's S.K. Singh. It is also alleged that the said officers were saying that felling of Simal Tree would help in widening and construction of the road and construction of the bridge. The said workers however denied to give their statements in writing.

It is further stated in the said report that about 83 trees situated on the Raiyati Land were numbered and a list was prepared by Madhuconn Company for the purpose of widening of road and an approval was sought from the Divisional Forest Officer, Saraikella, for the felling of trees. The DFO, Saraikella had duly given permission for felling of the said trees basis which the felling of trees was being done. It is alleged that the Simal Tree located on the forest land was numbered separately and the said number was not included in the list of 83 trees. It is alleged that the staff and manager of Madhuconn Company and the officers of NHAI have purposely felled the Simal Tree, which was located on the forest land which was confiscated and kept under the custody of the guard of Madhuconn Company. It is further stated in the said report that on prima facie investigation the above mentioned persons were found guilty and that the accused persons have felled the tree located o