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Ramesh Kumar Singh vs The State of Jharkhand

Jharkhand High Court · Decided on 10 January 2014 · Citation: (2014) 1 JLJR 344

HON’BLE JUDGES
Prashant Kumar, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 197 · Forest (Conservation) Act, 1980 — Section 2 · Forest Act, 1927 — Section 33
RESULT
Allowed
CASE NUMBER
W.P. (Cr.) No. 353 of 2005
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Judgment

3 paragraphs · 199 words

Prashant Kumar, J.—This application has been filed for quashing the order dated 3.2.2005 passed by Chief Judicial Magistrate, Jamtara in T.R. No. 741 of 2005, whereby and whereunder he took cognizance against the petitioners u/s 33 of the Indian Forest Act and Section 2 of the Indian Forest Conservation Act. It is submitted by Sri Atanu Banerjee, learned counsel for the petitioners that the petitioners are Executive Engineer and Assistant Engineer of Irrigation Department and they are appointed by the order of Governor. Thus, no cognizance can be taken against them without sanction of State Government. It is submitted that in the instant case no sanction obtained from the State Government for prosecuting the petitioners.

2.

Sri R.S. Mazumdar, learned Advocate General appearing for the State had fairly stated that in the instant case sanction has not been granted up till now.

3.

Under the aforesaid circumstance, I find that the impugned order cannot be sustained in view of the provisions of Section 197 of the Cr.P.C. Therefore, I find that the impugned order suffers from serious illegality. Accordingly, this writ application is allowed and the impugned order dated 3.2.2005 passed by Chief Judicial Magistrate, Jamtara is hereby quashed.