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SANJAY KUMAR DWIVEDI
Bhagirath Prasad Singh @ B. P. Singh S/o Late Ramadhin Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Anoop Kumar Mehta, learned counsel for the petitioner and Mr. Jitendra Pandey, learned counsel for the State.
2. This petition has been filed for quashing the order dated 21.08.2017 passed by the learned Sub Divisional Judicial Magistrate, Chatra in U.C. Case No. 259/2014, whereby, cognizance under Section 33 of the Indian Forest Act has been taken against the petitioner, pending in the court of the learned Sub Divisional Judicial Magistrate, Chatra.
3. The prosecution case arises out of an Offence Report dated 25.12.2014 of one Bijendra Choudhary, Tandwa Forest Range alleging therein that while he was on patrolling duty at 07:15 A.M. on 25.12.2014 along with his associates, it was noticed that the accused persons along with others had encroached into the forest land and were carrying out mining operation. It has also been alleged that on seeing the patrolling party, all the accused persons were able to run away. The informant and his team were able to seize the articles left behind. The Offence Report so submitted was thereafter forwarded to the O.P. No. 2, the Divisional Forest Officer, South Forest Division, Chatra by Sri Nageshwar Ma
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 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 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 in the judgment is that in a land dispute involving a claim of being a bonafide purchaser, absence of objection from the relevant authority, and absence of re-notific....
Ownership rights do not permit construction on protected forest land, as established by relevant forest laws.
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