IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 718 of 2024 Dr. Sharda Rani, aged about 58 years, Wife of Dayal Kumar Ishwar, R/o Q/No. 22, Sector 3-B, Bokaro, P.O.+P.S. –Bokaro Steel City, District –Bokaro, Jharkhand. .... Petitioner Versus

1. State of Jharkhand

2. The District Forest Officer, Bokaro, P.O.+P.S. –Chas, District –

Bokaro. …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY …..

For the Petitioner : Mr. Jitendra Tripathi, Advocate : Mr. Arun Kumar, Advocate For the State : Ms. Bandana Sinha, Addl. P.P.

…..

By the Court:-

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer for quashing the cognizance order dated 11.11.2019 arising out of Complaint Petition (C.P.) Case No. 995 of 2019 whereby and where under the learned Judicial Magistrate -1st Class, Bokaro has taken cognizance of the offences punishable under Section 33 & 52 of the Indian Forest Act, 1927 and also to quash the subsequent proceedings thereto.

3. The allegation against the petitioner is that the petitioner on

29.07.2019 at 03:30 P.M. was encroaching upon the forest land by putting tin sheets and raising pillars made of bricks and cement by destroying the saplings. When the forest officials reached there, they were surrounded by the petitioner and the co-accused persons and were taken as hostage. On the basis of the prosecution report submitted by the forest officials, the learned Judicial Magistrate -1st Class, Bokaro has taken cognizance of the offence as already indicated above.

4. It is submitted by the learned counsel for the petitioner, relying upon the Judgment of a Co-ordinate Bench of this Court in Cr.M.P. No. 4188 of 2019 and other allied cases dated 21.11.2022 that as the notification under Section 30 of the Indian Forest Act was only for 30 years from 1958, so on the date of occurrence, the said notification was not in force. So no offence is made out against the petitioner. It is next submitted that the land in question is a raiyati land of the petitioner. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed.

5. The learned Addl. P.P. relying upon the Judgment of a Co-

ordinate Bench of this Court in the case of Manik Chand Maheshwari @ Manik Chandra Maheswari @ Manak Chand Maheshwari Vs. The State of Jharkhand & Anr., dated 06.02.2023 in Cr.M.P. No. 512 of 2022 submits that therein the Co-ordinate Bench has rejected the said prayer by observing thus:-

“After the lapse of 30 years, neither the nature of the forest changes nor the nature of the land changes, what changes is the exercise of rights of the forest dwellers and the community to use the land for activities such as collection of firewoods etc. which resumes after the expiration of the aforesaid period. Therefore, it is not tenable in the eyes of law to claim title or right to possession over a Government land which has been declared protected forest on the ground that the nature of the land or forest has changed after the expiration of 30 years.”

Therefore, it is submitted that merely because 30 years has elapsed since the notification that does not confer the right to the petitioner to damage the tree or clear any forest area. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

6. Having heard the rival submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that as has been held by the Co-ordinate Bench of this Court in the case of Manik Chand Maheshwari @ Manik Chandra Maheswari @ Manak Chand Maheshwari Vs. The State of Jharkhand & Anr. (supra) that after a lapse of 30 years, no right is conferred upon any private person to clear the forest area and making any construction thereof. Further, it has been mentioned in the counter affidavit that the map showing the demarcated f