Laldhari Mahato @ Laldhari Mahto vs The State Of Jharkhand & Anr
2022 Latest Caselaw 2669 Jhar

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              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr.M.P. No. 1511 of 2022

        Laldhari Mahato @ Laldhari Mahto                      ......    Petitioner
                                 Versus
        The State of Jharkhand & Anr.                   ......    Opposite Parties

              CORAM:       HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                  ---------

For the Petitioner : Mr. Gautam Kumar, Advocate Mr. Ramchander Sahu, Advocate For the State : Mr. Manoj Kr. Mishra, A.P.P.

3/Dated: 14/07/2022 Learned counsel 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 & Ors. [2003 (2)JCR 525(Jhr)].

State shall take instruction and file counter-affidavit within four

weeks.

There shall be stay of further proceeding in connection with

Complaint Case No. 1224 of 2017, pending in the Court of learned C.J.M.,

Dhanbad till the next date.

Let it appear on 21.12.2022.

( Sanjay Kumar Dwivedi, J.) Satyarthi/