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2025 DAILYLAW 18991 (JHR)

VIJAY SINGH v. THE STATE OF JHARKHAND

Cr.M.P./2063/2020 · 2025-02-10

Pradeep Kumar Srivastava

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2063 of 2020 Vijay Singh @ Bijay Singh, aged about 48 years, Son of Thakur Singh, resident of ITI More, P.O. Chas, P.S.- Pindrajora, District- Bokaro. ….. Petitioner Versus The State of Jharkhand & Another ….. Opp. Parties --------- CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Rama Kant Tiwari, Advocate. For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P. --------- Order No. 06/Dated: 10th February, 2025 1. Heard the learned counsel for the petitioner as well as learned Spl.P.P., Mr. Prabhu Dayal Agrawal for the State. 2. This criminal miscellaneous petition has been filed for quashing the entire criminal proceeding of C.P. Case No. 747 of 2018 (Forest), including the order dated 20.07.2019 passed by learned Judicial Magistrate, 1st Class, Bokar whereby the cognizance for the offence under Section 33 of the Indian Forest Act, 1927 (Bihar Amendment Act, 1989) has been taken against the petitioner. 3. Learned counsel for the petitioner submits that the petitioner has been dragged in this case for making construction on the portion of Plot No. 370 which has been claimed by the forest officials as “Forest land” notified under Section 29 of the Indian Forest Act, while the Forest Settlement Officer, Dhanbad in Forest Settlement Case No. 55 of 1963-64 had passed the order that Plot No. 370 along with four other plots are raiyati land. Placing reliance upon the order/judgment passed in Cr.M.P. No. 479 of 2009 dated 26.06.2015 Bharat Singh Versus State of Jharkhand and Another (Annexure-5). It is further p. 2 submitted that in similar matter, criminal proceedings with respect to the Plot No. 370 was initiated by the forest officials claiming it to be the Forest land has been quashed by this Honb’le Court. 4. It is further submitted by the learned counsel for the petitioner that for the same piece of land one another case i.e., C.P. Case No. 657 of 2015(F) was instituted against the same petitioner and was challenged before this Hon’ble Court which has been allowed by the Co-ordinate Bench of this Court vide order dated 19.06.2023 passed in Cr.M.P. No. 2841 of 2022 and entire criminal proceeding has been quashed. 5. It is submitted by the learned counsel for the petitioner that the further proceeding of the Complaint Case lodged in respect of same property against the same petitioner will amount the abuse of the process of the Court and the same should be quashed. 6. Learned Spl.P.P appearing for the State opposed the prayer of the petitioner, but not disputed the fact that in similar case, the criminal proceeding has been quashed. 7. In view of above, present petition is allowed and entire criminal proceeding including the order taking cognizance as well as further proceedings with respect to the C.P. Case No. 747 of 2018 (Forest) is quashed. 8. Accordingly, I.A. No. 4217 of 2023 is disposed of. [[ (Pradeep Kumar Srivastava, J.) Simran/