Bhavneet Singh @ Bhavneet Singh ... vs The State Of Jharkhand And Others .... ...
2024 Latest Caselaw 118 Jhar

Jharkhand High Court

Bhavneet Singh @ Bhavneet Singh ... vs The State Of Jharkhand And Others .... ... on 5 January, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                                1



                   IN THE HIGH COURT OF JHARKHAND, RANCHI
                                                    ----

Cr.M.P. No. 1986 of 2016

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             Bhavneet Singh @ Bhavneet Singh (Sardar)             .... Petitioner

                                      --    Versus        --

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


                                                    ----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Saurabh Shekhar, Advocate

Ms. Shail Lakra, Advocate

For the State :- Mr. S.K. Sinha, Advocate

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6/05.01.2024 This petition has been filed for quashing of the entire

criminal proceeding arising out of prosecution report No.36(P) dated

21.2.2013 in B.F. Case No.11 of 2013 registered under section 33 of the

Indian Forest Act, 1927 pending in the court of learned Additional Chief

Judicial Magistrate, Bokaro.

2. Mr. Saurabh Shekhar, the learned counsel assisted by

Ms. Shail Lakra, the learned vice counsel appearing on behalf of the

petitioner submits that the subject matter of the present case is plot

no.337 which is not the forest land. He submits that for the same plot,

B.F. Case No.2 of 2011 was filed on 01.03.2011 in which the petitioner

has faced the trial and by judgment dated 23.07.2018 the petitioner has

already been acquitted.

3. The learned counsel for the respondent State submits

that the case is made out and the same is disclosed in paragraph no.27

of the counter affidavit.

4. The Court has gone through the contents of the

prosecution report in B.F.Case No.02 of 2011 contained in Annexure-3

as well as the present B.F. No.11 of 2013 and finds that in both the

prosecution report, the plot number are same i.e. 337. In earlier case,

the petitioner has already been acquitted by the judgment dated

23.07.2018 and the same is produced by the learned counsel for the

petitioner it is taken on record. Further, on the strength of 1958

Notification with regard to forest land, the present case is filed. In the

light of section 29 and 30 of the Indian Forest Act the notification

remains in force for only 30 years and there is no revalidation of the

notification on the record. It appears that for the same plot, another

case is filed which is malicious.

5. Accordingly, entire criminal proceeding arising out of

prosecution report No.36(P) dated 21.2.2013 in B.F. Case No.11 of 2013

registered under section 33 of the Indian Forest Act, 1957 pending in

the court of learned Additional Chief Judicial Magistrate, Bokaro are

quashed.

6. This petition is allowed and disposed of.

7. Pending petition if any also stands disposed of

accordingly.

( Sanjay Kumar Dwivedi, J.)

SI/,