In this criminal miscellaneous petition, the Patna High Court declined to quash the S.D.J.M.'s order of cognizance regarding an unlicensed saw mill operation under the Forest Act. The court held it was not inclined to interfere at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.183 of 2013
Arising Out of PS.Case No. -5 Year- 2010 Thana -GOVERNMENT OFFICIAL COMP. District- - ====================================================== Arun Kumar Sharma S/O Ram Narayan Sharma Resident Of Village- Bela, P.S- Goh, District- Aurangabad. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Forester, Goh, District- Aurangabad. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. K. Nikhil For the Opposite Party/s : Mr. Rajendra Prasad Nut, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 7 07-05-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The present petition has been filed for quashing of order dated 26.7.2010 passed by the learned S.D.J.M., Daudnagar, Aurangabad in connection with Forest Case No.5 of 2010 whereby the cognizance has been taken for offence under Sections 5, 7, 10 and 13 of the Forest Act against the petitioner. 3. A prayer has once again been made on behalf of the petitioner for an adjournment. The order sheets disclose that sufficient opportunity has been granted in the matter, as adjournments have been granted in the past, as prayed by the petitioner who has been enjoying the benefit of interim order since January, 2013.
Patna High Court Cr.Misc. No.183 of 2013 (7) dt.07-05-2015
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(Vikash Jain, J)
AnilKrSinha/-
U T
2 issues framed by the court
Whether to quash the S.D.J.M.'s order taking cognizance of an offence under Sections 5, 7, 10 and 13 of the Forest Act, 1990.
Whether the petitioner is granted liberty to raise grievances at an appropriate stage.
1 provisions across 1 enactments
Arun Kumar Sharma
The State Of Bihar
The Forester, Goh, District- Aurangabad
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
