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Vijay Singh Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

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Vijay Singh Vs the State of JharkhandVijay Singh v. the State of Jharkhand

Allowed¶15

Vijay Singh v. the State of Jharkhand

Jharkhand HC10 Feb 2025Cr.M.P./2063/2020

Case brief

AI extract

What is this about?

Cr.M.P. No. 2063 of 2020, High Court of Jharkhand at Ranchi, decided 10.02.2025, Pradeep Kumar Srivastava, J. — quashing of entire criminal proceeding of C.P. Case No. 747 of 2018 (Forest) and cognizance order dated 20.07.2019 — Section 33 of the Indian Forest Act, 1927 (Bihar Amendment Act, 1989); Section 29 notified forest land — Plot No. 370, Bokaro — Forest Settlement Case No. 55 of 1963-64 holding plots raiyati land — prior quashing of C.P. Case No. 657 of 2015(F) by Co-ordinate Bench in Cr.M.P. No. 2841 of 2022 dated 19.06.2023 — Bharat Singh Versus State of Jharkhand and Another, Cr.M.P. No. 479 of 2009 dated 26.06.2015 — abuse of process of the Court — successive proceedings for same property against same petitioner — petition allowed, I.A. No. 4217 of 2023 disposed of.

What did the court decide?

Entire criminal proceeding of C.P. Case No. 747 of 2018 (Forest), including the order taking cognizance and further proceedings, quashed; I.A. No. 4217 of 2023 disposed of.

Why is it important?

The petition is allowed and the entire criminal proceeding of C.P. Case No. 747 of 2018 (Forest), including the order taking cognizance as well as further proceedings, is quashed. ¶15

What the court decided

AI extract

Outcome

Entire criminal proceeding of C.P. Case No. 747 of 2018 (Forest), including the order taking cognizance and further proceedings, quashed; I.A. No. 4217 of 2023 disposed of.

Issue for consideration

Whether the entire criminal proceeding of C.P. Case No. 747 of 2018 (Forest), including the order dated 20.07.2019 taking cognizance under Section 33 of the Indian Forest Act, 1927 (Bihar Amendment Act, 1989), should be quashed as an abuse of the process of the Court, in view of the earlier quashing of criminal proceedings concerning the same Plot No. 370 against the same petitioner.

Court's answer

The petition is allowed and the entire criminal proceeding of C.P. Case No. 747 of 2018 (Forest), including the order taking cognizance as well as further proceedings, is quashed.

Detailed headnote1 paragraphs

Quashing of criminal proceeding — C.P. Case No. 747 of 2018 (Forest) — cognizance order dated 20.07.2019 by learned Judicial Magistrate, 1st Class, Bokar for offence under Section 33 of the Indian Forest Act, 1927 (Bihar Amendment Act, 1989) — petitioner alleged to have made construction on Plot No. 370 claimed by forest officials as 'Forest land' notified under Section 29 of the Indian Forest Act — Forest Settlement Officer, Dhanbad in Forest Settlement Case No. 55 of 1963-64 had held Plot No. 370 along with four other plots to be raiyati land — earlier criminal proceeding for the same piece of land against the same petitioner (C.P. Case No. 657 of 2015(F)) already quashed by Co-ordinate Bench vide order dated 19.06.2023 in Cr.M.P. No. 2841 of 2022; Bharat Singh Versus State of Jharkhand and Another, Cr.M.P. No. 479 of 2009 dated 26.06.2015, placed in reliance; learned Spl.P.P. did not dispute the earlier quashing — HELD: petition allowed; entire criminal proceeding including the order taking cognizance and further proceedings quashed; I.A. No. 4217 of 2023 disposed of. (Pradeep Kumar Srivastava, J.)

A

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2063 of 2020

Vijay Singh @ Bijay Singh, aged about 48 years, Son of Thakur Singh, resident of ITI More, P.O. Chas, P.S.- Pindrajora, DistrictBokaro. ….. Petitioner Versus The State of Jharkhand & Another ….. Opp. Parties

--------CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

For the Petitioner : Mr. Rama Kant Tiwari, Advocate. For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P.

--------- Order No. 06/Dated: 10^th February, 2025

1. Heard the learned counsel for the petitioner as well as learned Spl.P.P., Mr. Prabhu Dayal Agrawal for the State.

2. This criminal miscellaneous petition has been filed for quashing the entire criminal proceeding of C.P. Case No. 747 of 2018 (Forest), including the order dated 20.07.2019 passed by learned Judicial Magistrate, 1^st Class, Bokar whereby the cognizance for the offence under Section 33 of the Indian Forest Act, 1927 (Bihar Amendment Act, 1989) has been taken against the petitioner.

3. Learned counsel for the petitioner submits that the petitioner has been dragged in this case for making construction on the portion of Plot No. 370 which has been claimed by the forest officials as “Forest land” notified under Section 29 of the Indian Forest Act, while the Forest Settlement Officer, Dhanbad in Forest Settlement Case No. 55 of 1963-64 had passed the order that Plot No. 370 along with four other plots are raiyati land. Placing reliance upon the order/judgment passed in Cr.M.P. No. 479 of 2009 dated 26.06.2015 Bharat Singh

Versus State of Jharkhand and Another (Annexure-5). It is further

Page 1 of 2

submitted that in similar matter, criminal proceedings with respect to the Plot No. 370 was initiated by the forest officials claiming it to be the Forest land has been quashed by this Honb’le Court.

4. It is further submitted by the learned counsel for the petitioner that for the same piece of land one another case i.e., C.P. Case No. 657 of 2015(F) was instituted against the same petitioner and was challenged before this Hon’ble Court which has been allowed by the Co-ordinate Bench of this Court vide order dated 19.06.2023 passed in Cr.M.P. No. 2841 of 2022 and entire criminal proceeding has been quashed.

5. It is submitted by the learned counsel for the petitioner that the further proceeding of the Complaint Case lodged in respect of same property against the same petitioner will amount the abuse of the process of the Court and the same should be quashed.

6. Learned Spl.P.P appearing for the State opposed the prayer of the petitioner, but not disputed the fact that in similar case, the criminal proceeding has been quashed.

7. In view of above, present petition is allowed and entire criminal proceeding including the order taking cognizance as well as further proceedings with respect to the C.P. Case No. 747 of 2018 (Forest) is quashed.

8. Accordingly, I.A. No. 4217 of 2023 is disposed of.

[[ (Pradeep Kumar Srivastava, J.)

Simran/

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the entire criminal proceeding of C.P. Case No. 747 of 2018 (Forest), including the order dated 20.07.2019 taking cognizance under Section 33 of the Indian Forest Act, 1927 (Bihar Amendment Act, 1989), should be quashed as an abuse of the process of the Court, in view of the earlier quashing of criminal proceedings concerning the same Plot No. 370 against the same petitioner.¶13
The court held
The petition is allowed and the entire criminal proceeding of C.P. Case No. 747 of 2018 (Forest), including the order taking cognizance as well as further proceedings, is quashed.ratio¶15

Cases cited

Colour shows how this judgement treated each authority

AI extract

Bharat Singh Versus State of Jharkhand and AnotherRelied on¶8
Cr.M.P. No. 479 of 2009 dated 26.06.2015
Cr.M.P. No. 2841 of 2022Followed¶12

Statutes considered

2 provisions across 2 enactments

AI extract

Indian Forest Act, 1927 (Bihar Amendment Act, 1989)33¶7
Indian Forest Act29¶8

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 20.07.2019 of the learned Judicial Magistrate, 1st Class, Bokar taking cognizance against the petitioner for the offence under Section 33 of the Indian Forest Act, 1927 (Bihar Amendment Act, 1989) in C.P. Case No. 747 of 2018 (Forest).¶7
Judicial Magistrate, 1st Class, Bokar · 20.07.2019
Prior proceeding
Forest Settlement Officer, Dhanbad in Forest Settlement Case No. 55 of 1963-64 held that Plot No. 370 along with four other plots are raiyati land.¶8
Prior proceeding
C.P. Case No. 657 of 2015(F), instituted against the same petitioner in respect of the same piece of land, was allowed and the entire criminal proceeding quashed by a Co-ordinate Bench of this Court vide order dated 19.06.2023 in Cr.M.P. No. 2841 of 2022.¶12

Parties & counsel

AI extract

petitioner
Vijay Singh @ Bijay Singh¶2
Rama Kant Tiwari
respondent
The State of Jharkhand & Another¶2
Prabhu Dayal Agrawal

Coram

AI extract

Pradeep Kumar Srivastavaauthor¶3

Case details

As recorded by the court registry

Court: Jharkhand HC
Decided on: 10 Feb 2025 · February
Registered: 30 Sept 2020
Case no.: Cr.M.P./2063/2020
CNR: JHHC010217522020
Bench: Pradeep Kumar Srivastava
Disposal: Allowed
Case type: Cr.M.P.

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Cite this judgement

Vijay Singh v. the State of Jharkhand, Cr.M.P./2063/2020 (JH), decided on 10 February 2025.

The High Court of Jharkhand publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited2

Bharat Singh Versus State of Jharkhand and AnotherRelied on¶8
Cr.M.P. No. 2841 of 2022Followed¶12

Open Authorities

Statutes2

Indian Forest Act, 1927 (Bihar Amendment Act, 1989)33
Indian Forest Act29

View all statutes

Procedural history3

Order dated 20.07.2019 of the learned Judicial Magistrate, 1st Class, Bokar taking cognizance against the petitioner for the offence under Section 33 of the Indian Forest Act, 1927 (Bihar Amendment Act, 1989) in C.P. Case No. 747 of 2018 (Forest).Judicial Magistrate, 1st Class, Bokar · 20.07.2019
Forest Settlement Officer, Dhanbad in Forest Settlement Case No. 55 of 1963-64 held that Plot No. 370 along with four other plots are raiyati land.
C.P. Case No. 657 of 2015(F), instituted against the same petitioner in respect of the same piece of land, was allowed and the entire criminal proceeding quashed by a Co-ordinate Bench of this Court vide order dated 19.06.2023 in Cr.M.P. No. 2841 of 2022.

View full history

Bench / Coram

Pradeep Kumar Srivastava

Parties & counsel