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2022 Supreme(Jhk) 714

SANJAY KUMAR DWIVEDI
Manoj Kumar Pandey – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. R.S. Mazumdar, Sr. Adv., Ms. Khushboo Kataruka, Mr. Nishant Roy.
For the State : Mr. Manoj Kumar, G.A.-III.

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 P

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