Vibhuti Narayan Rai @ Bibhuti Narayan Ray v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1099 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== Vibhuti Narayan Rai @ Bibhuti Narayan Ray son of Late Suresh Chandra Ray. Resident of Village - Belhi Dih, P.O. - Belhi Khas, P.S. and BlockKateya, District - Gopalganj. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Director General of Police, Bihar, Patna. 3.

The Inspector General of Police, Tirhut Zone, Muzaffarpur. 4.

The Deputy Inspector General of Police, Saran Division, Chapra. 5.

The Superintendent of Police, Gopalganj, District - Gopalganj. 6.

The Sub-Divisional Police Officer, Sub-Division- Hathua, DistrictGopalganj. 7.

The Station Head Officer (S.H.O.), Police Station-Kateya, DistrictGopalganj. 8.

The Principal Secretary, Department of Environment, Forest and Climate Change, Govt. of Bihar, Patna 9.

The Principal Chief Conservator of Forest, Deptt. of Environment and Forest, Govt. of Bihar, Patna.

10.

The Chief Forest Conservator-cum-Director, Hariali Mission, Deptt. of Environment and Forest, Govt. Bihar, Patna 11.

The Regional Chief Conservator of Forest, Muzaffarpur. 12.

The Forest Conservator, Forest Circle, Siwan. 13.

The Divisional Forest Officer, Forest Division, Gopalganj, DistrictGopalganj. 14.

The Forest Ranger, Range- Bhore, District - Gopalganj. 15.

The Forester, Bhore, District - Gopalganj.

16.

Madan Kumar son of Late Ram Lakhan Prasad, Resident of Village- Sandha, P.S.- Chapra Muffassil, District - Saran at Chapra. Presently posted as Forest Protector, Forest Range, Bhorey, P.S.- Bhorey, District- Gopalganj. 17.

Lal Babu Yadav son of Kapil Deo Yadav, Resident of Village - Bhopatpur, P.S.- Kateya, District - Gopalganj. Presently posted as Cattle Protector, Forest Range, Bhore, P.S.- Bhore, District - Gopalganj. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Nityanand Mishra, Advocate

Patna High Court CR. WJC No.1099 of 2019 dt.22-07-2019 2/3 For the Respondent/s :

Mr. Iqbal Asif Niazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 22-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2.

The sole defect, as pointed out by the registry, is ignored.

3.

This application has been filed by the petitioner for quashing the first information report (for short 'FIR') of Kateya P.S. Case No.56 of 2019.

4.

Learned counsel for the petitioner submitted that the allegations made in the FIR regarding breach of trust is false. Ten Sheesham (Indian rosewood) tree, which were given to the petitioner by the informant on Zimmanama were returned to him, but he has falsely alleged that six Sheesham trees were not returned.

5.

Per contra, learned counsel for the State submitted that in the FIR there is specific allegation that the informant, a forester, had entrusted ten Sheesham trees, which were illegally felled, to the petitioner after taking Zimmanama. However, on demand, he returned only four illegally felled trees and misappropriated six of the trees. He contended that the said allegation would certainly attract ingredients of a cognizable

Patna High Court CR. WJC No.1099 of 2019 dt.22-07-2019 3/3 offence.

6.

I have heard learned counsel for the parties and perused the FIR as contained in Annexure-1 to this application. The Sheesham trees are protected under the Indian Forest Act. The allegations made in the FIR do attract ingredients of a cognizable offence. To hold investigation into a cognizable offence is the statutory right of the police. Thus, neither the institution of the FIR nor its investigation can be held to be bad.

7.

Accordingly, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J) Md. S/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 26.07.2019 Transmission Date 26.07.2019