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SANJAY KUMAR DWIVEDI
R. D. Ram (Ramdhyan Ram) – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
The surviving defect is ignored.
2. In Cr.M.P.No.2057 of 2020, the prayer is made for quashing of the entire criminal proceeding in Complaint Case No.860 of 2018 (Forest), including the order taking cognizance dated 20.07.2019 passed by learned Judicial Magistrate, 1st Class, Bokrao, whereby he has taken cognizance of offence under section 33 of the Indian Forest Act, 1927 (Bihar Amendment Act 1989) against the petitioner pending in the court of learned Judicial Magistrate, 1st Class cum Civil Judge (Jr. Division) Bokaro.
In Cr.M.P.No.2074 of 2020, the prayer is made for quashing of the entire criminal proceeding of Complaint Case No.1594 of 2019 (Forest ) including order taking cognizance of offence dated 19.06.2020 passed by learned Sub Divisional Judicial Magistrate, Bokaro whereby cognizance of offence has been taken under section 33 of Indian Forest Act, 1927 (Bihar Amended 1989) against the petitioner pending in the court of learned Sub Divisional Judicial Magistrate, Bokaro.
In Cr.M.P.No.1734 of 2019 the prayer is made for quashing of the entire criminal proceeding of B.F.Case No.28 of 2012 including order taking cognizance dated 21.11.2012 whe
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 the requirement for complaints under the Forest Conservation Rules to be lodged by authorized personnel, and the limitation of vicarious liability ....
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....
The notification under Section 29 of the Indian Forest Act declaring land as protected forest is final and does not require a separate final notification. The provisions of the Bihar Private Forest A....
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....
Prolonged criminal proceedings without evidence infringe the fundamental right to a speedy trial, leading to quashing of charges against the accused.
Ownership rights do not permit construction on protected forest land, as established by relevant forest laws.
Conviction under Section 33 of the Indian Forest Act reversed due to insufficient independent evidence and substantive defense claims.
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