Pankaj Kumar Singh vs The State Of Jharkhand
2023 Latest Caselaw 3392 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            W.P. (Cr.) No. 459 of 2021
            1.   Pankaj Kumar Singh
            2.   Ram Kishun Yadav
            3.   Pyari Saw
            4.   Kaleem Ansari @ Md. Kalim                            ... Petitioners
                                          -Versus-
            1.   The State of Jharkhand
            2.   The Dy. Commissioner, District Collectoriate Palamau, District-
                 Palamau
            3.   The District Forest Officer-cum-Authorized Officer, Medininagar, Forest
                 Division, District- Palamau
            4.   The Range Officer, Kundri Range, District- Palamau ... Respondents
                                           -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Manoj Prasad, Advocate For the State : Mr. Ashok Kumar Yadav, Sr. S.C.-I Mr. Ranjan Kumar, A.C. to Sr. S.C.-I

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08/06.09.2023 This petition has been filed for quashing the order dated 24.11.2020,

whereby, cognizance has been taken against the petitioners under Section

33 of the Indian Forest Act, 1927. The further prayer is made for quashing

the entire criminal proceeding arising out of Complaint Case No.597/2020 as

well as for quashing the prosecution report of the Forest Department dated

23.04.2020, pending in the court of the learned Chief Judicial Magistrate,

Palamau.

2. Mr. Manoj Prasad, learned counsel for the petitioners submits that for

one cause of action, 9 cases have been instituted and cognizance has been

taken for the same land in question. He further submits that batch of case

has already been decided by this Court vide judgment dated 11.07.2023 and

by the said judgment, the proceedings of 7 cases have already been

quashed. He submits that for the same cause of action, the present case

has also been filed.

3. Mr. Yadav, learned counsel for the State after going through the said

judgment fairly submits that it appears that for the same land in question,

all the cases have been filed and 7 cases have already been decided by this

Court.

4. In view of the above facts and considering the submissions of the

learned counsel for the parties and looking into the judgment dated

11.07.2023 passed in W.P.(Cr.) No.451 of 2021 along with analogous cases,

it appears that for the same land in question, the present case has also

been filed and 7 cases have already been quashed.

5. In view of that, the present case will also govern by the judgment

dated 11.07.2023 passed in W.P.(Cr.) No.451 of 2021 along with analogous

cases.

6. In view of the above facts, the entire criminal proceeding arising out

of Complaint Case No.597/2020 including the order dated 24.11.2020, and

prosecution report of the Forest Department dated 23.04.2020, pending in

the court of the learned Chief Judicial Magistrate, Palamau are quashed.

7. Accordingly, this petition is allowed and disposed of.

8. Pending I.A., if any, is also disposed of.

9. Interim order, if any granted by this Court, stands vacated.

(Sanjay Kumar Dwivedi, J.) Ajay/