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2023 Supreme(Jhk) 1048

GAUTAM KUMAR CHOUDHARY
P. N. Pathak @ Pradip Narayan Pathak – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: M/s Indrajit Sinha & Bibhash Sinha.
For the State : M/s Priya Shresha & Nehla Sharmin, S.P.P.

ORDER :

All these criminal misc. petitions, raise same questions of fact and law, are being heard together and shall be disposed of by this common order.

1. Cr. M.P. No. 1751 of 2022 has been filed for quashing the entire criminal proceeding including the summoning order dated 29.08.2019 passed in C.P. Case No. 555 of 2018 (Forest) whereby and whereunder, prima facie case has been found to be made out under Sections 33 and 63(c) of Indian Forest Act, 1927.

Cr. M.P. Nos. 2829 of 2022 and 3898 of 2022 have been filed for quashing the entire criminal proceeding including the summoning order dated 29.08.2019 passed in C.P. Case No. 553 of 2018 (Forest) whereby and whereunder, prima facie case has been found to be made out under Sections 33 and 63(c) of Indian Forest Act, 1927.

2. Can a cognizance be quashed in a case concerning protected forest notified under Section 29 of the Indian Forest Act, 1927, alleged to have been encroached and grabbed by private parties, claiming title over the said forest area, is the central question involved in these criminal miscellaneous petitions?

3. In Cr. M.P. Nos. 2829 of 2022 and 3898 of 2022 arises out of C.P. Case No. 553 of 2018 (Forest), offence repo

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