Sugriv Mistry v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49838 of 2014 Arising Out of PS.Case No. -85 Year- 2009 Thana -GOVERNMENT OFFICIAL COMP. DistrictNALANDA (BIHARSHARIFF) =========================================================== Sugriv Mistry, S/o Late Saudagar Mistry, Resident of Village - Lalganj, Police Station - Chandi, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Forest Campus Officer, Chandi Campus, District Nalanda. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s : Mr. J.N. Thakur, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 16-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner has challenged the order dated 05.03.2010 passed by learned Judicial Magistrate-1st Class, Hilsa (Nalanda) in Complaint Case No.85C2/2009 by which the learned Magistrate has taken cognizance of the offences under Section 5 and 14 of the Bihar Saw Mill (Regulation) Act, 1990 read with Section 41 and 42 of the Indian Forest Act.

Learned counsel for the petitioner submits that the petitioner had a licence and only small quantity of wood have been recovered from the saw mill in course of raid. Learned counsel also

Patna High Court Cr.Misc. No.49838 of 2014 dt.16-10-2017 submits that it is a case of false prosecution. Perused the records. This Court finds that the learned Magistrate has taken cognizance on the basis of the materials which are available on the record. A prima facie case has been appearing from the materials collected in course of raid and if cognizance has been taken on that basis no fault may be found with the same. The application is dismissed.

Petitioner will be at liberty to raise all such pleas which are available to him at the time of framing of charge or an appropriate stage, as the case may be, in accordance with law. (Rajeev Ranjan Prasad, J) Arvind/- AFR/NAFR CAV DATE Uploading Date 17.10.2017 Transmission Date 17.10.2017