IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 4345 of 2018 ------- Nawalesh Kumar, aged about 57 years, son of Late Sidhnath Sharma, at present resident of 102, Guru Akanchchha Apartment, Jai Prakash Nagar, P.O. & P.S. Bariatu, District Ranchi, Jharkhand. …... …. Petitioner(s) Versus 1. The State of Jharkhand 2. The District Forest Officer, Seraikella Forest Division, P.O. & P.S. Seraikella, District Seraikella Kharsawan. 3. The Deputy Commissioner, Seraikella Kharsawan, having its office at Seraikella, P.O. & P.S. Seraikella, District Seraikella Kharsawan. 4. The District Planning Officer, Seraikella Kharsawan, having its office at Seraikella, P.O. & P.S. Seraikella, District Seraikella Kharsawan. .…. …. Opp. Parties WITH Cr. M. P. No. 3758 of 2018 ------- 1. Binay Kumar @ Vinay Kumar, aged about 55 years, son of Sri Bachan Sharma, resident of House No. 250/c, Road No.1D, Ashok Nagar, P.O. & P.S. Ashok Nagar, District Ranchi. 2. Sheo Kumar Singh, aged about 60 years, son of Sri Ramayan Singh, resident of village Labhuani, P.O. Bankat, P.S. Garhani, District Bhojpur, Bihar. …... …. Petitioner(s) Versus The State of Jharkhand .…. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------- For the Petitioner(s) : Miss. Aprajita Bhardwaj, Advocate Mr. Madhav Prasad, Advocate Mr. Manoj Kr. Choubey, Advocate Mr. Niraj Kumar, Advocate For the State : Mr. P. D. Agrawal, Spl.P.P. Mr. Achinto Sen, A.P.P. -------- 12/ Dated 10.03.2025 Heard the parties. These criminal miscellaneous petitions have been filed for quashing of the complaint dated 12.06.2013 and the order taking cognizance dated 19.08.2015 passed in G.O. Case No.118/2013, alongwith entire consequential proceedings in the aforesaid case, pending in the Court of learned S.D.J.M., Seraikella, for the offence under Section 33 of the Indian Forest Act. The case of the forest department is that the petitioners who are the employees of the Rural Engineers Organization had illegally fell trees -2- and plants in the forest area of Moosribera without prior permission of forest department, while constructing a road from Moosribera to Pathardih. Learned counsel on behalf of the petitioners has drawn attention of this Court towards the Office Memorandum dated 11.08.2011 issued by the Planning Commission (MLP Division) under Integrated Action Plan (IAP) for selected Tribal and Backward Districts under which road was to be constructed from Moosribera to Pathardih, for which, a sum of Rs. 1,64,64,800/- was allotted. The petitioner Nawalesh Kumar is the Executive Engineer of Rural Engineers Organization and petitioners Binay Kumar @ Vinay Kumar and Sheo Kumar Singh are the Junior Engineers of Rural Engineers Organization. Mr. P. D. Agrawal, learned Spl.P.P on behalf of the State has submitted that a meeting of Forest Officers and the Officers of Rural Engineers Organization was held on 29.12.2012, in which, the D.F.O. Seraikella was present as the representative of the forest department and thereafter, the construction work was carried out. Learned counsel for the petitioners submitted that there is no allegation in the government complaint that any tree was felled during the construction of the road. It was further submitted that petitioners were carrying out the project of construction of road after the plan was approved by the appropriate authorities and even the forest department was also apprised of this fact. It was finally submitted that petitioners cannot be held vicariously liable for the act. Learned counsel for the State has submitted that the prosecution has not obtained sanction for the prosecution of the petitioners. The road was constructed by the petitioners in exercise of their official duty. Prior to the cognizance, obtaining sanction for the prosecution of the petitioners was mandatory. In view of the aforesaid discussions, the entire proceeding of G.O. Case No.118/2013 and the consequential orders are hereby quashed. These criminal miscellaneous petitions are accordingly allowed. Pending I.A., if any, also stands disposed of. (Ambuj Nath, J.) BS/-