Shivajee Singh And ANR. v. The State Of Bihar Through Principal Secretary Forest Department Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.204 of 2015 Arising Out of Forest .Case No. -69 Year- 2014 Thana -null District- SASARAM (ROHTAS) ===========================================================

1. Shivajee Singh S/o Ramdev Singh, R/o- 477, Chini Mill, Ward No. 14, Nagar Parishad Buxar, District- Buxar

2. Awadhesh Kumar Singh S/o- Gharbharan Singh, R/o Village- Mathiya Gurdus, P.O.- Sonadihla, District- Buxar .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Forest Department, Government of Bihar, Patna

2. The District Magistrate, Rohtas, Sasaram

3. The Authorised Officer cum Divisional Forest Officer, Rohtas, Sasaram

4. The Range Officer Sasaram Forest Area at Sasaram

5. The Forestor Tilauthu cum Darigaon, Forest Circle, District- Rohtas .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Uma Shankar Singh, Adv. For the Respondent/s : Mr. Din Bandhu Singh, GP-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 03-09-2015 In the instant application filed under Articles 226 and 227 of the Constitution of India, the prayer of the petitioner in paragraph 1 is as under :- "1. That the present writ application is directed for the following reliefs :- (i) For the issuance of an appropriate writ to quash the Forest Case No.69/2014 registered as official complaint in the Court of Chief Judicial Magistrate, Sasaram lodged by Respondent No.4 on 26.11.2014.

(Contained in Annexure-1) (ii) For the issuance of an appropriate writ to quash the entire action/proceeding initiated on the basis of Forest Case No.69/2014 by the Respondent No.3.

Patna High Court Cr. WJC No.204 of 2015 dt.03-09-2015 2/2 (iii) For the issuance of any other appropriate writ/direction/order/orders as your lordships may deem fit and proper for the ends of Justice."

At the outset, learned counsel for the petitioners submits that he does not pray for the release of the vehicles seized in connection with the aforesaid Forest Case No.69 of 2014. He submits that he would be satisfied if the trial of the said Forest Case No.69 of 2014 is disposed of expeditiously.

Learned counsel for the State does not oppose the prayer made by the learned counsel for the petitioners. Regard being had to the fact that the offences alleged are to be tried summarily, the learned Chief Judicial Magistrate, Sasaram is directed to dispose of Forest Case No.69 of 2014 as early as possible preferably by March, 2016.

The petitioners and the respondents are directed to ensure full cooperation to the concerned Court. With the aforesaid observations, the application is disposed of.

(Ashwani Kumar Singh, J) Pradeep/- U T