1. Both these applications under Article 226 of the Constitution of India have been filed for quashing the entire criminal prosecution including order dated 8-9-2003 passed in Chatra P.S Case No. 96 of 1984, corresponding to G.R No. 334/84 registered under Sections 379. 411, 413. 420 and 120B of the Indian Penal Code.
2. Facts leading to the filing of these applications are that on 1-8-1984 Chitaranjan Prasad, a Range Officer of Forest. Chatra, (respondent No. 2) filed a written report before the officer-in-charge of Chatra Police Station alleging therein that petitioner-Pramod Kumar Jaiswal had illegally cut and removed khair trees from different protected forests of Chatra Sub-division after engaging labourers and had manufactured katha for his wrongful gain. It is alleged that after removal of katha he kept the same in the house of one Zafar Alam @ Gandhiji of Chatra town. It is further alleged that one A.S.I of Chatra Police Station, on the strength of search warrant, recovered 28 bags of katha weighing 1580 kgs. from the house of Zafar Alam. It is alleged that Zafar Alam produced one document, which shows that the petitioner Bharat Narayan Singh had pawned the said katha to Zafar Alam for rupees ten thousand. It is also alleged that since the petitioner-Pramod Kumar Jaiswal was habitual offender, therefore, legal action be taken against him and his companions, who were responsible for such crime.
3. On the basis of aforesaid written report. Chatra P.S Case No. 96/84 dated 1-8-1984 was registered under Sections 379. 411, IPC etc.
4. The learned counsel for the petitioners submitted that the petitioners are neither named as accused nor any whisper has been made against them regarding their involvement in the case. He has submitted that in the year 1982 petitioner-Bharat Narayan Singh was posted as Forest Guard at Tetaria Forest check post and petitioner-Pramod Kumar Jaiswal, who had purchased Khair trees from the Forest Department, was manufacturing katha near the said forest and had transported and manufactured katha from the manufacturing place to Chatra town after crossing five check posts amongst one check post, in which the petitioner-Bharat Narayan Singh was posted. It is alleged that the petitioner-Bharat Narayan Singh has also conspired with petitioner-Pramod Kumar Jaiswal in making interpolation in the transit permit, for which they have been made accused in this case. Cognizance in the case was taken on 2-6-1987 under the aforesaid sections. It is further submitted that the katha weighing 1580 kgs. which was recovered from the house of said Zafar Alam, was released in favour of petitioner-Pramod Kumar Jaiswal on 21-6-1991 (Annexure 3). Later on since Section 413 IPC was added, the case was committed to the Court of Session on 9-9-1992.
5. In course of hearing on charge matter, it was found that no case is made out under Section 413 IPC, hence the case was returned back by the Additional Sessions Judge to the Court of CJM. Chatra for trial. Against the order dated 8-9-2003 (Annexure 4) petitioners filed a revision being Cr. Revision No. 965/2003 in the High Court, which was heard and ultimately dismissed on 3-8-2004 but liberty was given to the petitioners to move in appropriate forum for redressal of grievances. (Annexure 5).
6. It is further submitted that when katha, for which a case was lodged, has been released in favour of one of the petitioners, no case is made out against the petitioners.
7. On perusal of records of both the writ application as well as materials on record, it appears that case was lodged for illegally manufacturing and transporting 1580 kgs. of Katha, which was recovered from the house of one Zafar Alain. But later on petitioner Pramod Kumar Jaiswal filed a petition before the Court of learned Judicial Magistrate. Chatra who after hearing the parties concerned, directed release of katha in favour of the petitioner Pramod Kumar Jaiswal. But from the record, it nowhere appears that any revision or something like that against the order of release was preferred before the appellant Court or in any Court for setting aside the order of release of katha in question; it means that prosecution accepted that katha in question belongs to the petitioner Pramod Kumar Jaiswal and it is alleged that while transporting katha out of the area, some manipulations were made in the transit permit and it is also alleged that petitioner Bharat Narayan Singh @ Bharat Singh was also involved. But the case was lodged in the year 1982 and this way or that way the matter lingered for such a long time and ultimately these writ applications have been filed in the year 2004.
8. Further, with the release of katha in question in favour of Pramod Kumar Jaiswal, it became clear that he is the owner of katha in question and when katha has been releas in favour of the petitioner Pramod Kumar Jaiswal no case is made out against him for illegally manufacturing and transporting Katha. Similarly, petitioner Bharat Narayan Singh @ Bharat Singh who is said to have connived with the other petitioner Pramod Kumar Jaiswal in making some manipulation in the permit and allowing katha to pass through the check post where he was posted, also falls to the ground in view of the fact that katha in question was releas in favour of the petitioner Pramod Kumar Jaiswal. Further, case has been lingering for the last twenty 20 years with no result in sight and continuance of such proceedings, in my view, will amount to abuse of the process of the Court.
9. In that view of the matter, both the applications are allowed and the order dated 8-9-2003 passed in Chatra P.S Case No. 96/84 corresponding to G.R No. 334/84 is hereby set aside.
10. Order accordingly.