RAKESH THAPLIYAL
Yakub Ali – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Rakesh Thapliyal, J.
By the instant C-482 application, the applicant is challenging the proceedings of Criminal Case No.1100 of 2010, pending in the Court of the learned Chief Judicial Magistrate, District Haridwar, whereby the applicant is facing trial in respect of offences punishable under Section 9 read with 51 of the Wildlife Protection Act, 1972, Sections 26, 41, 42 and 63 of the Forest Act, 1927, and Section 2 of the Forest Conservation Act, 1980.
2. Brief facts of the case are that on 23.12.2008, the applicant, who was the Forester at the Khanpur Range, District Haridwar, informed his Forest Range Officer about the clearing of bushes and digging in the forest area by one Mr. Qamaruzmma. The applicant further informed that the activities were stopped and on the objection of Mr. Qamaruzmma that he is doing the said activities in his own property, and he was asked to request the authorities for survey and determination of boundaries. Thereafter, on 30.12.2008, Mr. Qamaruzmma made a representation to the Divisional Forest Officer, District Haridwar, requesting for the survey to determine the boundary between his land and the forest land, and in response to his represent
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