Jharkhand High Court
Shashi Kumar Ojha vs The State Of Jharkhand on 21 November, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 4188 of 2019
1. Shashi Kumar Ojha
2. Maina Devi ... Petitioners
-Versus-
1. The State of Jharkhand
2. The Divisional Forest Officer, Divisional Forest Office, Bokaro,
Kamaldih, P.O. & P.S. Chas, District- Bokaro
... Opposite Parties
With
Cr.M.P. No. 1100 of 2020
Shashi Kumar Ojha ... Petitioner
-Versus-
1. The State of Jharkhand
2. The Divisional Forest Officer, Divisional Forest Office, Bokaro,
Kamaldih, P.O. & P.S. Chas, District- Bokaro
... Opposite Parties
With
Cr.M.P. No. 1107 of 2020
Shashi Kumar Ojha .......... Petitioner
-Versus-
1. The State of Jharkhand
2. The Divisional Forest Officer, Divisional Forest Office, Bokaro,
Kamaldih, P.O. & P.S. Chas, District- Bokaro
... Opposite Parties
With
Cr.M.P. No. 1174 of 2020
Shashi Kumar Ojha ... Petitioner
-Versus-
1. The State of Jharkhand
2. The Divisional Forest Officer, Divisional Forest Office, Bokaro,
Kamaldih, P.O. & P.S. Chas, District- Bokaro
... Opposite Parties
With
Cr.M.P. No. 1178 of 2020
Shashi Kumar Ojha ... Petitioner
-Versus-
1. The State of Jharkhand
2. The Divisional Forest Officer, Divisional Forest Office, Bokaro,
Kamaldih, P.O. & P.S. Chas, District- Bokaro
... Opposite Parties
-----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
-----
For the Petitioners : Mr. Rama Kant Tiwari, Advocate (In all cases)
For the State : Mr. Bishambhar Shastri, A.P.P. (in Cr.M.P. No.4188/2019)
Mr. Ravi Prakash, S.P.P. (In Cr.M.P.-1107 & 1174/20)
Mr. P.D. Agrawal, S.P.P. (In Cr.M.P.-1178/20)
Mrs. Anuradha Sahay, A.P.P. (In Cr.M.P.-1100/2020)
-----
05/21.11.2022. Defect pointed out in Cr.M.P. No. 1174 of 2020 is ignored.
2. Mr. Ramakant Tiwari, learned counsel for the petitioner submits
that deficit court fee in Cr.M.P. No. 1178 of 2020 shall be filed in course of
day. So far other defects are concerned, that are ignored in Cr.M.P. No. 1178
of 2020.
3. In all these petitions, common question of facts and laws are
involved and that is why with consent of the parties, all these petitions have
been heard together.
Cr.M.P. No.4188 of 2019
4. Heard Mr. Rama Kant Tiwari, learned counsel for the petitioners and
Mr. Bishambhar Shastri, learned counsel for the State.
5. This petition has been filed for quashing of the entire criminal
proceeding of Complaint Case No.247 of 2019 including the order taking
cognizance of offence under Section 33 and 63 of the Indian Forest Act
(Bihar Amendment Act, 1989) dated 13.05.2019, pending in the court of the
learned Chief Judicial Magistrate, Bokaro.
Cr.M.P. No.1100 of 2020
6. Heard Mr. Rama Kant Tiwari, learned counsel for the petitioner and
Mrs. Anuradha Sahay, learned counsel for the State
7. This petition has been filed for quashing of the entire criminal
proceeding of Complaint Case No.859 of 2018 (Forest) including the order
taking cognizance of offence under Section 33 of the Indian Forest Act,
1927 (Bihar Amendment Act, 1989) dated 19.07.2019, pending in the court
of the learned Judicial Magistrate, 1st Class-cum-Additional Civil Judge (Jr.
Division), Bokaro.
Cr.M.P. No. 1107 of 2020
8. Heard Mr. Rama Kant Tiwari, learned counsel for the petitioner
and Mr. Ravi Prakash, learned counsel for the State
9. This petition has been filed for quashing of the entire criminal
proceeding of Complaint Case No.602 of 2018 (Forest) including the order
taking cognizance of offence under Section 33 of the Indian Forest Act,
1927 (Bihar Amendment Act, 1989) dated 20.07.2019, pending in the court
of the learned Judicial Magistrate, 1st Class-cum-Additional Civil Judge (Jr.
Division), Bokaro.
Cr.M.P. No. 1174 of 2020
10. Heard Mr. Rama Kant Tiwari, learned counsel for the petitioner
and Mr. Ravi Prakash, learned counsel for the State
11. This petition has been filed for quashing of the entire criminal
proceeding of Complaint Case No.655 of 2018 (Forest) including the order
taking cognizance of offence under Section 33 of the Indian Forest Act,
1927 (Bihar Amendment Act, 1989) dated 20.07.2019, pending in the court
of the learned Judicial Magistrate, 1st Class-cum-Additional Civil Judge (Jr.
Division), Bokaro.
Cr.M.P. No. 1178 of 2020
12. Heard Mr. Rama Kant Tiwari, learned counsel for the petitioner
and Mr. P.D. Agrawal, learned counsel for the State
13. This petition has been filed for quashing of the entire criminal
proceeding of Complaint Case No.557 of 2018 (Forest) including the order
taking cognizance of offence under Section 33 of the Indian Forest Act,
1927 (Bihar Amendment Act, 1989) dated 20.07.2019, pending in the court
of the learned Judicial Magistrate, 1st Class-cum-Additional Civil Judge (Jr.
Division), Bokaro.
14. In all these cases, Plot No.337 is the subject matter except in
Cr.M.P. No. 4188 of 2019 in which plot nos. 7925 and 7562 are the subject
matter. The Forest Department had filed appeal before the Hon'ble
Supreme Court of India which was also dismissed. The learned court has
received the prosecution report along with xerox copy of documents under
Section 33 of the Indian Forest Act, 1927 against the petitioners with
allegation that on inspection of the alleged forest area, some persons were
found engaged in constructing pucca house by encroaching Plot No.337 and
7925 and 7562. On these backgrounds, the aforesaid Complaint Cases have
been filed against the petitioners and thereafter cognizance have been
taken against them.
15. Mr. Rama Kant Tiwari, learned counsel for the petitioners submits
that the subject matter of this case is of land bearing Plot No.337, Khata
No.48, ad-measuring 0.04 acre. He further submits that in Cr.M.P. No.
4188 of 2019 one of the plot is 7925 and 7562. He further submits that
the Forest Department had filed appeal before the Hon'ble Supreme Court
of India which was also dismissed. He further submits that the petitioners
have earlier moved before this Court in Cr.M.P. No.98 of 2016, which was
decided along with Cr.M.P. No.2604 of 2016 vide order dated 01.04.2019.
He also submits that the plot in question was considered along with the
entire documents and thereafter a Coordinate Bench of this Court has
quashed the proceeding in those cases. He further submits that during the
pendency of those proceedings, present complaint case has been filed
against the petitioners. He also submits that the encroachment proceeding
vide B.P.L.E. Case No.61 of 2016 was earlier initiated against the petitioners
and vide order dated 22.09.2016, the opposite party no.2 had passed the
order against the petitioners, which was set aside vide order dated
17.12.2018 by the Collector-cum-District Magistrate, Bokaro in B.P.L.E.
Appeal No.189 of 2016. He further submits that Title Suit Nos. 17 of 1980
and 18 of 1980 filed on behalf of the Forest Department relating to Plot Nos.
337 and 370, have been dismissed and no appeal has been filed against the
dismissal of the said Title Suits by the Forest Department. He also submits
that Title Suit No.33 of 2000 was filed on behalf of one Suresh Kumar and
another against the Forest Department relating to Plot No.370 which was
decreed on 28.03.2012 by the learned Sub-Judge-IV, Bokaro, against which,
the Forest Department has preferred an appeal vide Title Appeal No.17 of
2012 which was also dismissed vide order dated 31.07.2014 and, thereafter,
Forest Department has not challenged the said judgment and decree. On
these grounds, he submits that entire criminal proceeding is vitiated.
16. Learned counsel for the petitioners further submits that Title
Appeal No. 59 of 1991 of the Forest Department has already been
dismissed by the Civil Court, Bokaro thereafter the Forest Department
preferred second appealing bearing Second Appeal No. 01 of 1988 (R) in
the High Court of Judicature at Patna, Ranchi Bench and the said second
appeal has also been dismissed on 20.08.1998. Thereafter the Forest
Department filed appeal before the Hon'ble Supreme Court of India which
was also dismissed.
17. Learned counsels for the State jointly submit that these are the
subject matters of trial and this Court may not entertain this petition under
Section 482 Cr.P.C.
18. On perusal of the documents on record, it transpires that Plot
No.337 was the subject matter before this Court in Cr.M.P. No.98 of 2016
with Cr.M.P. No.2604 of 2016, which were allowed by a Coordinate Bench
of this Court vide order dated 01.04.2019 and the complaint cases
were quashed.
19. In view of these facts and considering that the Deputy
Commissioner, Bokaro, it is evident that the said land does not come under
the protected forest area rather it is a raiyati land of these petitioners,
accordingly, in view of the unimpeachable documents brought on record,
further continuation of the proceedings will only lead to wastage of time
and abuse of the process of the court.
20. It is an admitted fact that subject matter of these petitions is
Plot No.337, 7925 and 7562 and the submissions made by the learned
counsel for the petitioners in Cr.M.P. No. 98 of 2016 are identical in these
petitions.
21. In view of the above submissions of the learned counsel
appearing for the parties, the Court has gone through the materials on the
record and finds that the land in question was decreed in favour of Shanti
Ram Mahtha and the same was purchased by the Samiti from Shanti Ram
Mahtha that was subject matter of different proceedings as noted herein
above, which has not denied by the learned counsel for the State. Section
29 of the Indian Forest Act read with Section 30(b) of the Act provides that
notification shall remain in force for 30 years. Admittedly, there is no
notification under Section 30 of the Act.
22. In view of the above facts, reasons and analysis, the entire
criminal proceeding of Complaint Case No.247 of 2019 including the order
taking cognizance of offence under Section 33 and 63 of the Indian Forest
Act (Bihar Amendment Act, 1989) dated 13.05.2019, pending in the court of
the learned Chief Judicial Magistrate, Bokaro (in Cr.M.P. No.4188 of 2019),
the entire criminal proceeding of Complaint Case No.859 of 2018 (Forest)
including the order taking cognizance of offence under Section 33 of the
Indian Forest Act, 1927 (Bihar Amendment Act, 1989) dated 19.07.2019,
pending in the court of the learned Judicial Magistrate, 1st Class-cum-
Additional Civil Judge (Jr. Division), Bokaro (In Cr.M.P. No.1100 of 2020), the
entire criminal proceeding of Complaint Case No.602 of 2018 (Forest)
including the order taking cognizance of offence under Section 33 of the
Indian Forest Act, 1927 (Bihar Amendment Act, 1989) dated 20.07.2019,
pending in the court of the learned Judicial Magistrate, 1st Class-cum-
Additional Civil Judge (Jr. Division), Bokaro (in Cr.M.P. No.1107 of 2020), the
entire criminal proceeding of Complaint Case No.655 of 2018 (Forest)
including the order taking cognizance of offence under Section 33 of the
Indian Forest Act, 1927 (Bihar Amendment Act, 1989) dated 20.07.2019,
pending in the court of the learned Judicial Magistrate, 1st Class-cum-
Additional Civil Judge (Jr. Division), Bokaro (in Cr.M.P. No.1174 of 2020) and
the entire criminal proceeding of Complaint Case No.557 of 2018 (Forest)
including the order taking cognizance of offence under Section 33 of the
Indian Forest Act, 1927 (Bihar Amendment Act, 1989) dated 20.07.2019,
pending in the court of the learned Judicial (in Cr.M.P. No.1178 of 2020) are,
hereby, quashed.
23. Accordingly, all these petitions stand allowed and disposed of.
24. Pending I.As., if any, also stand disposed of.
25. Interim orders, if any passed in respective cases, stand vacated.
(Sanjay Kumar Dwivedi, J.)
satyarthi/
