Jharkhand High Court
R.D. Ram (Ramdhyan Ram) vs The State Of Jharkhand on 29 February, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2057 of 2020
R.D. Ram (Ramdhyan Ram) ... Petitioners
-Versus-
1. The State of Jharkhand
2. The Divisional Forest Officer, Divisional Forest Office, Bokaro,
... Opposite Parties
With
Cr.M.P. No. 2074 of 2020
Raj Kumar Modi ... Petitioner
-Versus-
1. The State of Jharkhand
2. The Divisional Forest Officer, Divisional Forest Office, Bokaro
... Opposite Parties
With
Cr.M.P. No. 1734 of 2019
Mahavir Singh Chaudhary .......... 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. 4269 of 2019
Kashi Rai @ Kashinath Rai ... Petitioner
-Versus-
1. The State of Jharkhand
2. The Divisional Forest Officer, Divisional Forest Office, Bokaro
... Opposite Parties
With
Cr.M.P. No. 2326 of 2020
Kashi Rai @ Kashinath Rai ... Petitioner
-Versus-
1. The State of Jharkhand
2. The Divisional Forest Officer, Divisional Forest Office, Bokaro
... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Rama Kant Tiwari, Advocate (In all cases) For the State : Mr. Prabir Kumar Chatterjee, Advocate Mr. Vineet Kumar Vashishtha, Advocate Mr. P.D. Agrawal, Advocate
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5/29.02.2024 The surviving defect is ignored.
2. In Cr.M.P.No.2057 of 2020, the prayer is made for quashing of the entire criminal proceeding in Complaint Case No.860 of 2018 (Forest), 2 including the order taking cognizance dated 20.07.2019 passed by learned Judicial Magistrate, 1st Class, Bokrao, whereby he has taken cognizance of offence under section 33 of the Indian Forest Act, 1927 (Bihar Amendment Act 1989) against the petitioner pending in the court of learned Judicial Magistrate, 1st Class cum Civil Judge (Jr. Division) Bokaro.
In Cr.M.P.No.2074 of 2020, the prayer is made for quashing of the entire criminal proceeding of Complaint Case No.1594 of 2019 (Forest ) including order taking cognizance of offence dated 19.06.2020 passed by learned Sub Divisional Judicial Magistrate, Bokaro whereby cognizance of offence has been taken under section 33 of Indian Forest Act, 1927 (Bihar Amended 1989) against the petitioner pending in the court of learned Sub Divisional Judicial Magistrate, Bokaro.
In Cr.M.P.No.1734 of 2019 the prayer is made for quashing of the entire criminal proceeding of B.F.Case No.28 of 2012 including order taking cognizance dated 21.11.2012 whereby cognizance under section 33 of Indian Forest Act, 1927 (Amendment Act, 1989) and section 2 of Forest Conservation Act, 1980 has been taken pending in the court of learned Sub Divisional Judicial Magistrate, Bokaro.
In Cr.M.P.No.4269 of 2019, the prayer is made for quashing of entire criminal proceeding of Complaint Case Noa.112 of 2019 including order taking cognizance of offence under section 33 of the Indian Forest Act, 1927 (Bihar Amended 1989) against the petitioner pending in the court of learned Judicial Magistrate, Bokaro.
In Cr.M.P. No.2326 of 2020, the prayer is made for quashing o the entire criminal proceeding of Complaint Case No.809 of 2018 (Forest ) including order taking cognizance of offence dated 20.07.2019 under section 33 of Indian Forest Act, 1927 (Bihar Amended 1989) pending in the court of learned Judicial Magistrate, Bokaro.
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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.
4. Heard Mr. Rama Kant Tiwari, learned counsel for the petitioners and the learned State counsels appearing on behalf of the respondent States in their respective cases.
5. 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. 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, 4 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.
It is also submitted pertaining to some of the aforesaid cases that plot no.370 is raiyati land which has been purchased by mother of the petitioner no.1 and wife of petitioner no.2 (of Cr.M.P.No.1873 of 2019) which is also one of the related matters, vide registered sale deed no.9652 and 8901 dated 30.11.2009 and consequent upon that the said land has been mutated in the name of Dhaneshwari Devi and she has regularly been paying rent to the State. Earlier similar case lodged by the Forest Department has been quashed by coordinate Bench of this Court in Cr.M.P.No.479 of 2009 and Cr.M.P.No.1165 of 2009. In Cr.M.P.No.771 of 2003 the coordinate Bench of this Court vide order dated 16.02.2005 has observed that continuation of the criminal proceeding in respect of plot no.370 will amount to abuse of process of Court and in Cr.M.P.No.563 of 2018 dated 12.07.2019 also the coordinate Bench of this Court quashed and set aside the entire criminal proceeding in connection with the case in respect of plot no.370.
6. 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 appeal 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.
7. 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.
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8. 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 plot no.370 in Cr.M.P.No. 563 of 2018, the complaint cases were quashed.
9. 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.
10. It is an admitted fact that subject matter of these petitions is Plot No.337 and the submissions made by the learned counsel for the petitioners in Cr.M.P. No. 98 of 2016 and plot no.370 in Cr.M.P.No. 563 of 2018 are identical in these petitions.
11. 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.
12. In view of the above facts, reasons and analysis, entire criminal proceeding in Complaint Case No.860 of 2018 (Forest), including the order taking cognizance dated 20.07.2019 passed by learned Judicial Magistrate, 1st Class, Bokaro, whereby he has taken cognizance of offence under section 33 6 of the Indian Forest Act, 1927 (Bihar Amendment Act 1989) against the petitioner pending in the court of learned Judicial Magistrate, 1st Class cum Civil Judge (Jr. Division) Bokaro (in Cr.M.P.No.2057 of 2020), Complaint Case No.1594 of 2019 (Forest ) including order taking cognizance of offence dated 19.06.2020 passed by learned Sub Divisional Judicial Magistrate, Bokaro whereby cognizance of offence has been taken under section 33 of Indian Forest Act, 1927 (Bihar Amended 1989) against the petitioner pending in the court of learned Sub Divisional Judicial Magistrate, Bokaro (In Cr.M.P.No.2074 of 2020), B.F.Case No.28 of 2012 including order taking cognizance dated 21.11.2012 whereby cognizance under section 33 of Indian Forest Act, 1927 (Amendment Act, 1989) and section 2 of Forest Conservation Act, 1980 has been taken pending in the court of learned Sub Divisional Judicial Magistrate, Bokaro (In Cr.M.P.No.1734 of 2019), Complaint Case No.112 of 2019 in including order taking cognizance of offence under section 33 of the Indian Forest Act, 1927 (Bihar Amended 1989) against the petitioner pending in the court of learned Judicial Magistrate, Bokaro (In Cr.M.P.No.4269 of 2019), Complaint Case No.809 of 2018 (Forest ) including order taking cognizance of offence dated 20.07.2019 under section 33 of Indian Forest Act, 1927 (Bihar Amended 1989) pending in the court of learned Judicial Magistrate, Bokaro (In Cr.M.P. No.2326 of 2020) are, hereby, quashed.
13. Accordingly, all these petitions stand allowed and disposed of.
14. Pending I.As., if any, also stand disposed of.
15. Interim orders, if any passed in respective cases, stand vacated.
(Sanjay Kumar Dwivedi, J.) SI/