IMPORTANT POINT
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.

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 whereby cognizance under section 33 of Indian Forest Act, 1927 (Amendment Act, 1989) and section 2 of Forest Conservation Act, 1980 has been taken pending in the court of learned Sub Divisional Judicial Magistrate, Bokaro.

In Cr.M.P.No.4269 of 2019, the prayer is made for quashing of entire criminal proceeding of Complaint Case Noa.112 of 2019 including order taking cognizance of offence under section 33 of the Indian Forest Act, 1927 (Bihar Amended 1989) against the petitioner pending in the court of learned Judicial Magistrate, Bokaro.

In Cr.M.P. No.2326 of 2020, the prayer is made for quashing o the entire criminal proceeding of Complaint Case No.809 of 2018 (Forest ) including order taking cognizance of offence dated 20.07.2019 under section 33 of Indian Forest Act, 1927 (Bihar Amended 1989) pending in the court of learned Judicial Magistrate, Bokaro.

3. In all these petitions, common question of facts and laws are involved and that is why with consent of the parties, all these petitions have been heard together.

4. Heard Mr. Rama Kant Tiwari, learned counsel for the petitioners and the learned State counsels appearing on behalf of the respondent States in their respective cases.

5. Mr. Rama Kant Tiwari, learned counsel for the petitioners submits that the subject matter of this case is of land bearing Plot No.337, Khata No.48. He further submits that the Forest Department had filed appeal before the Hon’ble Supreme Court of India which was also dismissed. He further submits that the petitioners have earlier moved before this Court in Cr.M.P. No.98 of 2016, which was decided along with Cr.M.P. No.2604 of 2016 vide order dated 01.04.2019. He also submits that the plot in question was considered along with the entire documents and thereafter a Coordinate Bench of this Court has quashed the proceeding in those cases. He further submits that during the pendency of those proceedings, present complaint case has been filed against the petitioners. He also submits that the encroachment proceeding vide B.P.L.E. Case No.61 of 2016 was earlier initiated against the petitioners and vide order dated 22.09.2016, the opposite party no.2 had passed the order against the petitioners, which was set aside vide order dated 17.12.2018 by the Collector-cum-District Magistrate, Bokaro in B.P.L.E. Appeal No.189 of 2016. He further submits that Title Suit Nos. 17 of 1980 and 18 of 1980 filed on behalf of the Forest Department relating to Plot Nos. 337 and 370, have been dismissed and no appeal has been filed against the dismissal of the said Title Suits by the Forest Department. He also submits that Title Suit No.33 of 2000 was filed on behalf of one Suresh Kumar and another against the Forest Department relating to Plot No.370 which was decreed on 28.03.2012 by the learned Sub-