IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2496 of 2010 1. RAM CHANDRA YADAV son of late Madan Yadav. 2. Raben Yadav, son of Radhe Shyam Yadav. Both residents of village-Tilkora, Versus STATE OF BIHAR ----------- 2 26.08.2010 The petitioner seeks quashing of the order of cognizance passed on 29.7.2003 by the Chief Judicial Magistrate, Madhepura in Complaint Case No. 25(5) of 1999 by which cognizance has been taken under Sections 33 and 42 of the Indian Forest Act, 1927 as well as the revisional order by which the revisional Court has refused to interfere in the matter. From the prosecution case it appears that the petitioners’ name have been mentioned therein on the basis of hearsay account that they were instrumental in cutting down of some green sheesham trees. Subsequently, some logs of sheesham were recovered from the saw mills of Bharat Trading Ply Mills Company with which the petitioners have no concern. 2 The submission of the learned counsel for the petitioner is that the entire prosecution case is an exercise of futility since there is no eye witness and even the order of cognizance is barred by limitation. Considering the same the order dated 29.7.2003 passed by Judicial Magistrate, Madhepura in Complaint Case No. 25(5) of 1999 is hereby set aside. The application is allowed. Bibhash ( Anjana Prakash, J.)