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SANJAY KUMAR DWIVEDI
Umesh Choudhary @ Umesh Kumar Choudhary – Appellant
Versus
State of Jharkhand – Respondent
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,
Vicarious liability cannot be fastened upon an officer in the absence of direct involvement or complicity in the offence, and the court can quash criminal proceedings based on the legal principles es....
The court quashed criminal proceedings under the Indian Forest Act, ruling that the land in question is raiyati land and not part of a protected forest, preventing abuse of process.
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.
The central legal point established in the judgment is the application of the limitation period under Section 468 Cr.P.C. and the impact of the affirmed Title Suit in favor of the petitioners' vendor....
The central legal point established in the judgment is that the continuation of a criminal proceeding would amount to an abuse of process of the Court if no offence could be made out against the accu....
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