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2022 Supreme(Jhk) 742

SANJAY KUMAR DWIVEDI
Naresh Lodha S/o Late Mahabir Prasad Lodha – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Pandey Neeraj Rai.
For the Respondent: Prabir Kumar Chatterjee.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Pandey Neeraj Rai, learned counsel for the petitioners and Mr. Prabir Kumar Chatterjee, learned counsel for the State.

2. This petition has been filed for quashing the order taking cognizance dated 14.12.2015 as well as entire criminal proceedings in connection with C3 (Forest) No. 1/2014, whereby, cognizance has been taken under Section 33 of the Indian Forest Act, pending in the court of the learned Additional Chief Judicial Magistrate, Bokaro.

3. On the written report of the Forest Range Officer, Chas, the FIR has been lodged wherein it was alleged that on 05.04.2014 at about 11:00 a.m. he reached the forest Plot No. 7562 under Mauza Chas Forest with colleague forest officials and found that the accused persons enumerated in the offence report were doing worshipping before the pictures of God in the said forest by enclosing the area with tent and bamboo, which was an attempt to grab the forest land. Upon seeing them, the infamous land mafia succeeded in running away. They were chased but could not be caught. Therefore, the enclosures made by them were demolished and seizure was effected as per Section 52 of the Indian Forest Act, the

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