The State Of M.P, vs Prahlad
2023 Latest Caselaw 6312 MP

                                                     1
                 IN         THE      HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                          ON THE 19 th OF APRIL, 2023
                                      CRIMINAL APPEAL No. 707 of 2005

               BETWEEN:-
               THE STATE OF M.P, THROUGH. FOREST DEPARTMENT
               GUNA DISTT. GUNA (MADHYA PRADESH)

                                                                                 .....APPELLANT
               (BY SHRI P.S.RAGHUWANSHI- PUBLIC PROSECUTOR FOR THE STATE )

               AND
               PRAHLAD S/O RAM SINGH, AGED ABOUT 40 YEARS,
               OCCUPATION: KHETI R/O VILLAGE MIYAPUR DISTT.
               GUNA (MADHYA PRADESH)

                                                                               .....RESPONDENT
               (NONE FOR THE RESPONDENT )

                           Th is appeal coming on for hearing this day, t h e court passed the
               following:
                                                      ORDER

This appeal has been filed by the State under Section 378 of Cr.P.C.

after taking leave to file appeal vide order dated 7.10.2005 passed in M.Cr.C.No.2658/2005 against the judgment dated 1.3.2005 passed by the JMFC, Guna, in Criminal Case No.478/2003, whereby respondent has been acquitted of the charges under Section 33(1)(C) of the Indian Forest Act and Section 3 of the Prevention of Damage to Public Property Act.

Allegation against the respondent is that on 4.9.2002 he removed trees Signature Not Verified from 2 hectare forest area in forest beat No.158. Beat Guard found that total Signed by: MADHU SOODAN PRASAD 105 trees have been cut down. The place was cleaned after removing the trees. Signing time: 20-04-2023 10:37:23 AM

Report was lodged. During investigation, it was found that respondent cut down the aforesaid trees. Challan was filed against him. During trial, prosecution could not produce any evidence to the effect that respondent has cut down the aforesaid trees. Accordingly, learned trial Court acquitted the respondent from the aforesaid charges.

Having heard learned counsel for the State and perused the record, this Court is of the considered opinion that learned trial Court has rightly acquitted the respondent of the aforesaid charges. No different view other than the one which has been taken by learned trial Court can be taken in the present matter.

This appeal is accordingly dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 20-04-2023 10:37:23 AM