Arun Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 50512 of 2012 Arising out of P.S. Case No. -01 Year- 2011 Thana -Forest Case District- Aurangabad.

======================================================== Arun Kumar Sharma S/o Ram Narayan Sharma R/o Vill. Bela P.S. Goh, Distt Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Forester Goh, Distt. Aurangabad.

.... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Mrigank Mouli, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 02-11-2015 The Petitioner seeks quashing of the order of cognizance dated 25.01.2011 passed by the Subdivisional Judicial Magistrate, Daudnagar, Aurangabad in Forest Case No. 01 of 2011.

It has been submitted that it appears from the prosecution report that only saw-mill dust was recovered which would not come within the provision of Bihar Saw Mills (Regulation) Act, 1990. The further submission is that repeatedly the same Officer has been harassing and filing such cases against him for ulterior reasons. Learned Counsel for the State, Dr. Indiwar Kumari was directed to seek instructions and she submits that earlier also two other cases had been instituted against the Petitioner for same reasons.

Patna High Court Cr.Misc. No.50512 of 2012 dt.02-11-2015 Having considered the facts of the case, the entire proceeding as against the Petitioner including the order of cognizance dated 25.01.2011 passed by the Subdivisional Judicial Magistrate, Daudnagar, Aurangabad in Forest Case No. 01 of 2011is, hereby, set aside. The Application stands allowed.

Vikash/- (Anjana Prakash, J.) U T