ORDER

1. Petitioner has filed this miscellaneous criminal case under section 482 of CrPC to quash the proceedings of POR Case No. 4802/21 dated 9.3.2018 registered by respondent No. 4 against Gopal and Kuwarman under section (1) (c) read with section 52 of the Indian Forest Act, 1927.

2. Prosecution case in short is that I. D. Rai was posted as a Forester. On 9.3.2018, he and other officers had received information that some persons are cultivating land at Piparsara Veet Kachh No. P-4, then they reached on the spot and saw that petitioner and other persons were cultivating the said land by tractor No. MP-49 A-7754, which comes under the purview of forest land. I. D. Rai asked him to show the document but petitioner and other persons informed that they have no document for the same. Petitioner and driver admitted that they were cultivating the forest land, thereafter proceedings were initiated against the petitioner and other person under section 33 (1) (C) read with section 52 of the Indian Forest Act 1927 and also under M. P. Protection of Forest Rules, 2005. POR was issued and Tactor No. MP-49 A-7754 was seized from the possession of petitioner and others. Thereafter, spot panchnama and spot map were prepared. A damage was also prepared, thereafter Forest Officer and Sub-Divisional Officer of Forest, Gotegaon issued a notice under section 52 of the Indian Forest Act to the petitioner to confiscate the vehicle. Petitioner appeared before Sub-Divisional Forest Officer, Gotegaon and submitted his reply, thereafter, Forest Officer examined the witnesses and passed the order dated 31.7.2018 and ordered to confiscate tractor No. MP-49 A-7754 in favour of the State.

3. Learned counsel for the petitioner submits that he is law abiding citizen of India. Petitioner has purchased tractor of New Holland Company on 19.7.2012 with the finanacial support of L&T Financial Company under the hire purchase scheme, which is duly registered in the office of RTO Narsinghpur bearing registration No. MP49-A-7754 and the petitioner is liable to pay monthly installments towards such loan to the L&T Financial Company, which is continued upto 2019. The said vehicle is used by the petitioner for cultivation of agricultural land on rent and the liabilities of loan is being discharged by the petitioner through such rent as also maintaining his family. On 9.3.2018, the said vehicle was cultivating land of the respondent No. 5 under Khasra No. 103/1. Petitioner was surprised, when he came to know that the respondent No. 4 has seized such vehicle of the petitioner by alleging that the vehicle of the petitioner is cultivating land under the so called forest veat No. P-4. The aforesaid action of the respondent No. 4 was highly objected by the respondent No. 5, but the respondent No. 4 has taken custody of the vehicle of the petitioner and case was registered under section 33 (1) (c) read with section 52 of the Indian Forest Act, 1927 and also under M. P. Protection Forest Rules, 2005. It is clear that the entire area including the alleged part was used for cultivation and there is residential part of the local villagers. Petitioner received a letter from the respondent No. 3, thereafter he submitted reply on 9.4.2018 stating that no offence has been committed by the petitioner under the Forest Act and the entire case registered against the petitioner is based on imaginary ground. The petitioner has also put forth that tractor alone source of income of the petitioner. He also submits that the case in accordance to section 68 of the Indian Forest Act, 1927 the sole object is to get possession of the vehicle on quick disposal of the case even though he has not committed any offence. Since there is apparent dispute about the description of the land in question, therefore the petitioner has approached the revenue authorities. Respondent No. 6 has registered Revenue Case 60-A-12/2017-18 and thereafter, inquired the entire factual matrix and status of the land in quest