Hansa Singh And Others vs State Of Uttarakhand And Another

R.C. Khulbe, J

This application has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as ‘Cr.P.C’) by the

applicants for quashing the impugned summoning order dated 30.10.2014 passed by learned Additional Chief Judicial Magistrate, Ramnagar, District

Udham Singh Nagar in Criminal Case No. 781 of 2014, (Case Crime No. 84/Ramnagar/2013-14) “Deputy Divisional Forest Officer v. Hansa

Singh and othersâ€​ for the offences punishable under Sections 26, 61, 63 of the Indian Forest Act, 1927.

As per the complaint, on 16.08.2013 when the forest personnel were in the routine inspection, they found that the applicants have encroached the

forest land by cutting herbs and shrubs over the forest land plot no. 4. On the basis of this complaint under Sections 26, 61, 63 of the Indian Forest Act

filed by the Forest Department, the cognizance was taken and the accused were summoned on 30.10.2014.

Aggrieved thereby, the present application has been filed under Section 482 of Cr. P.C. for quashing the entire proceedings.

Heard Mr. Sandeep Kothari, learned counsel for the applicants and Mr. A.K. Sah, learned A.G.A. along with Mrs. Preeta Bhatt, learned Brief

Holder for the State.

It is argued by the learned counsel for the applicants that the applicants were residing at the present place for the last 55 years and it is not the

forest land. As per the record, it is in Khasra No. 4, Village Baithkhedi, Tehsil Bajpur, District Udham Singh Nagar. It was also recorded in the

revenue record and since it is the revenue land, the Forest Officer has no right to file the complaint case against the applicants under the Forest Act.

From a perusal of the record, the Civil Suit No. 94 of 1994 “Hansa Singh and others vs. State of Uttar Pradesh and others†was filed before

the Civil Judge (J.D.), Kashipur against the State and Forest Officials. The said suit was decreed on 31.05.2000 against which, the Civil Appeal No.

10 of 2002 was filed before the District Judge, which was transferred to the Additional District Judge, Kashipur. After hearing both the parties, the

appeal was dismissed on 27.11.2002, against which, the State and the Divisional Forest Officer filed the Second Appeal No.07 of 2003 before this

Court which was dismissed on 27.03.2008. Thereafter a joint inspection was done.

Apart from that an Eviction Suit No. 22/4 of 1994-95 “Forest Department v. Hansa Singh and others†was filed, which was allowed on

30.07.1996. Against which a Writ Petition No. 1073 of 2002 (M/S) “Hansa Singh v. Special Judge/ ADJ, Nainital†was filed before this Court.

The aforesaid writ petition was disposed of on 05.09.2008 with the direction that it shall be open for the State to evict the petitioners from the disputed

land in accordance with the provisions of U.P. Zamindari Abolition & Land Reforms Act. It was also open for the petitioners to get their title declared

by filing a suit under Section 229-B of U.P. Z.A. & L.R. Act.

From a perusal of the record, it is clear that the applicants are in possession from the last 55 years and their possession has been affirmed by this

Court also in Second Appeal No. 07 of 2003 “State of U.P. and others vs. Sri Hansa Singh and othersâ€. The High Court has also directed the

State Government to evict the petitioners from the disputed land and the applicants have also been given a right to file an application under Section

229-B of the U.P.Z.A. & L.R. Act for confirming their rights.

It is also informed by learned counsel for the applicants that the applicants have already filed an application under Section 229-B of the U.P.Z.A. &

L.R. Act before the Revenue Court, which is still pending. It shows that the matter iss ub judice and their possession has been affirmed by this Court

also.

Since the applicants had already filed an application for confirming their rights under Section 229-B of the U.P. Z.A. & L.R. Act, which shows

that the matter is sub judice and their possession has been confirmed by this Court also. In these circumstances, the complaint filed under Sections

26, 61, 63 of the Indian Forest Act is not tenable and, thus the complaint as well as summoning order dated 30.10.2014 is liable to be quashed.

Resultantly, the application filed under Section 482 of Cr.P.C. is allowed. The summoning order dated 30.10.2014 and the proceedings of Criminal

Case No. 781 of 2014 “Deputy Divisional Forest Officer v. Hansa Singh and othersâ€​, pending before the Court below, are hereby quashed.