Bhim Mahato @ Bhim Lal Mahato @ Bhim ... vs The State Of Jharkhand And Anr
2022 Latest Caselaw 3237 Jhar

            IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 1510 of 2022

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Bhim Mahato @ Bhim Lal Mahato @ Bhim Mahto..... Petitioner

-- Versus --

The State of Jharkhand and Anr. ...... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Gautam Kumar, Advocate For the State :- Mr. Vineet Kumar Vashishtha, Advocate

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4/17.08.2022 Learned counsel appearing for the petitioner submits that

Forest Department claimed the Suranga Forest land as a notified forest

area by virtue of the Notification dated 23.09.1964 enclosed with the

prosecution report but after expiry of 30 years in terms of section 30(b)

of the Indian Forest Act, the said notification has lost force in 1994 and

for that criminal proceeding is not maintainable. He relied on judgment in

the case of Jagdish Mehta vs. State of Jharkhand and Others

[2003 (2) JCR 525 (Jhr)].

The State shall take instruction and file counter affidavit

within four weeks.

There shall be stay of further proceeding in connection with

Complaint Case No.1223 of 2017, pending in the court of learned Chief

Judicial Magistrate, Dhanbad, till the next date

Post on 21.12.2022.

( Sanjay Kumar Dwivedi, J.)

SI/