Ram Pravesh Sharma And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19101 of 2017 Arising Out of PS. Case No.-106 Year-2014 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Ram Pravesh Sharma and Ors ... ... Petitioner/s

Versus

State Of Bihar and Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Mistry, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The learned counsel for the petitioners submits that the present quashing application has been filed seeking quashing of the order by which cognizance has been taken under Section 41 and 42 of the Indian Forest Act, 1927, it is next submitted that the order of cognizance is mechanical as from perusal of the same, it would manifest that the blanks have been filled in a mechanical manner.

3. The learned APP for the State, Mr. Chandra Bhushan Prasad, vehemently opposes the quashing application and submits that from perusal of the order impugned, it would manifest that the learned Trial Court after perusing the document on record which has been collected by way of

Patna High Court CR. MISC. No.19101 of 2017(2) dt.26-09-2023 2/2 evidence took cognizance and has recorded the same in the order, it is further submitted that if the petitioner is aggrieved he can seek his remedies at the time of framing of charge.

4. Considering the submissions made by the learned APP for the State, the Court is not inclined to entertain the quashing application.

5. Accordingly, the present quashing application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T