O R D E R :

This Criminal Petition has been filed by the petitioner/accused seeking to quash the proceedings in P.O.R.No.878/94, dated 30.01.2026, on the file of the Judicial Magistrate of First Class at Sirpur-T Easgaon, Kumrambheem Asifabad District, registered for the offences under Section 20(1)(c)(ii)(iii)(iv) & (vii) under Section 58 of the TG Forest Act, 1967 (for short, ‘TGF Act’) and Sections 27 and 29 punishable under Section 51 of the Wild Life Protection Act, 1972 (for short, ‘WLP Act’).

2. Brief facts of the case:

2.1. On 30.01.2026, basing on the reliable source of information, respondent No.2 and his staff proceed to Compt. No.89 of Easgaon Beat and found that the petitioner was cutting some teak and non-teak trees with the axe and the staff immediately proceeded to the spot. The he immediately informed the same to the higher authorities and enquired into the matter in detail and found that 66 teak trees and 30 cart load fuelwood were damaged in 4.89 hectares of area. Hence, the present complaint.

3. Heard Mr. D. Pochaiah, learned counsel for the petitioner appeared through video conference, and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondents.

4. Submissions of learned counsel for the petitioner:

4.1. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and has been falsely implicated in the present case. The allegations made in the complaint are purely civil in nature, as it is pertaining to grabbing of the forest land. Hence, the ingredients of the offences under Section 20(1)(c)(ii)(iii)(iv) & (vii) under Section 58 of TGF Act and Sections 27 and 29 punishable under Section51 of the WLP Act are not attracted.

4.2. He further submitted that the Government had issued G.O.Rc.No.2518/99-S2 dated 31.07.1999, G.O.Ms.No.40 dated 07.02.1989, G.O.Ms.No.445 dated 21.10.1986, allotting the land to the grandfather and father of the petitioner, as they were Bengal refugees. The petitioner is in possession of the land to an extent of Ac.5.00 gts. in Sy.No.1/153/3 and his son is in possession of the land to an extent of Ac.4.15 gts. and Ac.0.20 gts. in Sy.Nos.2/254/1 and 1/186/1 respectively and the Tahasildar, Kagaznagar Mandal, had issued possession certificate, ownership of trees/forest produce certificate and also a ‘C’ form.

4.3. He further submitted the when the forest officials are trying interfere with the possession of the petitioner’s mother and others, they filed W.P.No.29090 of 2025 and this Court, while disposing of the said writ petition on 23.09.2025, directed all the parties to maintain status quo as on that day and if the petitioner are found to be in possession of the forest land and if the respondents are of the opinion that the petitioners are not in rightful possession of the forest land, they are at liberty to take action in accordance with law. Pursuant to the said order, no action was taken by the forest officials.

4.4. Subsequently, the petitioner and others have approached this Court and filed W.P.No.30910 of 2025 questioning the action of the respondent No.3 therein in not disposing of the application dated 01.10.2025 of the petitioners for plants/trees felling/cutting permission i.e., Neelgiri and Bamboo plants, etc., in the subject survey numbers land, and the said writ petition was disposed of directing respondent No.5 therein to consider the representations of the petitioners dated 11.11.2025. However, respondent No.2, without taking any action pursuant to the orders passed in W.P.Nos.29020 and 30910 of 2025, lodged the present complaint by making omnibus allegations, as a counter blast.

4.5. He further submitted that the petitioner has not entered into the forest land and did not damage any teak poles or fuel wood, as alleged in the complaint. The petitioner is a refugee and settled at Nazrulnagar village and pursuant to the G.O.s, the petitioners’ father and grandfather were in possession of the subject