JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Both the cases have been heard together since common question of fact and common complaint case and order taking cognizance are under challenge.

2. Heard Mr. Anoop Kumar Mehta, learned counsel for the petitioners and Mr. Shashi Kumar Verma and Mr. Bhola Nath Ojha, learned counsel for the opposite parties.

3. These petitions have been filed for quashing the entire criminal proceedings in connection with Case No. G-165 of 2003/T.R. No. 452 of 2007 including the order taking cognizance dated 22.10.2005 passed by the learned Chief Judicial Magistrate, Hazaribagh, whereby cognizance under Section 33 of the Indian Forest Act and Section 2 of the Forest (Conservation) Act has been taken against the petitioners, pending in the court of the learned Judicial Magistrate, 1st Class, Hazaribagh.

4. The opposite party no. 2 lodged a written report dated 05.08.2003 in the court of the learned Chief Judicial Magistrate, Hazaribagh. The case was filed alleging therein that while the opposite party no. 2 along with other witnesses was on patrolling duty of Sugia reserved forest on 05.08.2003 at about 04:00 p.m., he found that at the direction of the accused persons, forest lands within the Sugia protected forest was being cleared and mining work was being carried out since before. It was also alleged that on the directions of the accused persons, the provisions contained in the Indian Forest Act, 1927 and the Forest (Conservation) Act, 1980 were being violated openly and the work was being carried for the benefit of the project as a result of which about 0.66 hectares of forest land, 31.95 hectares of reserved forest land and 102.03 hectares of Jungle-jhari was destroyed. The offence report of opposite party no. 2 was forwarded to the learned Chief Judicial Magistrate and on receipt of the offence report, Case No. G-165 of 2003 has been registered.

5. Mr. Anoop Kumar Mehta, learned counsel for the petitioners submits that at the relevant time, petitioner nos. 1 and 2 in Cr.M.P. No. 107 of 2008 were the Project Officer, Karma Project and Manager of Karma Project respectively and the petitioner in Cr.M.P. No. 1251 of 2015 was the Chairman cum Managing Director of M/s. Central Coalfields Limited. He further submits that the petitioners are not the owner of the mine as the owner of the mine is either the Director (Technical) or the Director (T) OP under the Mines Act, 1952. He also submits that the petitioners did not issue any order or direction in respect of working of a coal mine. He further submits that the petitioner in Cr.M.P. No. 1251 of 2015 has tendered his resignation as Chairman cum Managing Director of M/s. Central Coalfields Limited, which was duly accepted and he was relieved in the month of August, 2004 itself. He also submits that on the own showing of the opposite party no. 2, the forest in question is a protected forest and notified as such in the year 1952. 30 years period has since expired in the year 1982 and thereafter there has been no re-notification made by the Government. He further submits that an application was made by the M/s. Central Coalfields Limited for diversion of forest lands of Karma Open Cast Project measuring an area of 134.64 Hectare, which was subsequently revised to 132.28 Hectare and subsequently vide letter dated 01.09.2003, proposal was submitted seeking prior approval of the Central Government. The proposal was thereafter considered by the Central Government and the Central Government agreed in principle for diversion of 132.28 Hectare of forest lands for Karma Open Cast Mining Project. He also submits that M/s. Central Coalfields Limited complied with the conditions laid down in letter dated 12.01.2005 for the purpose of grant of Stage-I clearance granted by the Ministry of Environment and Forest for diversion of 132.28 Hectare of forest lands and also made payment of the revised demand, contained in Annexure-3 of Cr.M.P. No. 1251 of 2015 and thereafter clearance repor