C482 No.2597 of 2019

Hon’ble R.C. Khulbe, J.

Mr. Kurban Ali, Adv. for the applicant.

Mr. A.K. Sah, AGA with Ms. Preeta Bhatt,

B.H. for the State/ respondent no.1.

By means of this petition, the petitioner has

prayed to quash the proceedings of Crl. Case No.460

of 2017 u/s 26(B) and 26(G) of the Indian Forest

Act, pending before the Court of Addl. CJM,

Kotdwar, Pauri Garhwal.

Facts, in brief, are that on 01.01.2017, at

about 03.10 hours, a First Information Report was

lodged against the applicant and co-accused at

Police Station Kotwali Kotdwar, District-Pauri

Garhwal stating therein that a secret information is

received by the police that certain persons are

staying in Kolu Guest House of Forest Department

situated in Kothuli Range of Lansdowne Forest

Division, District Pauri Garhwal. These persons are

having huge stocks of liquor as well as illegal

weapons. On said information, a team was

constituted comprising of Station House Officer/

Senior Sub Inspector of different police stations.

They proceeded to the place on 31.12.2016. The

team comprising of police persons raided the

premises of the forest guest house and found certain

weapons for which licenses were issued to the

concerned persons. The police also recovered some

quantity of liquor from the guest house. It is stated

that the woods were lit in an open space and tents

were pitched. While checking the documents

regarding permission to stay in forest guest house

inside reserved forest, the same depicted that the

permission was issued only to a particular individual

and there was no permission with regard to 4 stay of

other persons though there were approximately 50

persons present.

It is argued that initially, the impugned

summoning order along with the entire proceedings

of Crl. Case No.460 of 2017 have been quashed

against other co-accused by the Co-ordinate Bench

of this Court in C482 No.635 of 2017 and batch,

vide judgment dated 23.10.2018; moreover, as

against co-accused Sarvdeep Mann and Aarif

Hussain Chechi, the proceedings were quashed by

this Court in C482 Application Nos.783/17 and

784/17 vide separate judgments dated 15.7.2019;

there is no evidence against the present applicant;

neither any weapon nor any cartridge were

recovered from his possession; and simply, the

charge-sheet u/s 26B and 26G has been submitted

against him.

Learned State Counsel, though opposed the

application but admitted the factum of quashing of

proceedings qua co-accused.

Since the charge-sheet has been quashed

against other accused, no specific allegation is made

against the present applicant and rather general

allegations have been made against him in the FIR

that he was also present in the forest area along with

co-accused, thus, on the ground of parity, the present

applicant also deserves the same relief.

In view of the above, the present C482

application is allowed. The entire proceedings of

Crl. Case No.460 of 2017 under Section 26B and

26G of the Indian Forest Act, pending before the

Court of Addl. CJM, Kotdwar, Pauri Garhwal are

hereby quashed qua the present applicant also.

(R.C. Khulbe, J.)

10.12.2019

Rdang