IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32286 of 2008 Umesh Kuamr Sharma, son of Harihar Sharma, village Bairiya, PS Bairiya, Dist. West Champaran – Petitioner. Vs. 1) The State of Bihar, 2) Srikant Singh, Range Officer, Mungraha, Forest Department, Bettiah – Opp. Parites. 2 1.7.2011 Heard the parties. This application has been filed against the order, dated 27.5.2008 passed in Cr. Revision No. 91/2008 and the order, dated 9.5.2008 passed by the Judicial Magistrate, 1st Class, Bettiah in Complaint Case No. 2465C/2006. The petitioner, a saw mill owner, is aggrieved by the fact that the court has dismissed Complaint Case No. 2465C/2006 which was filed against the Forest Officer alleging that he has illegally seized several articles from his mill. It has been specifically stated in the complaint petition that the Forest Officer had filed a case against the saw mill owner. In view of the aforesaid assertion in the complaint petition the court called for the records and also for a report from the forest Officer and on receipt of the same came to the conclusion that the complaint petition was not maintainable as sanction has not been obtained and cognizance could not be taken on the basis of the aforesaid allegations in the complaint petition. It has also been held by the court that the Forest Officer while performing his duty had seized logs of wood that was in the premises of the saw mill which was in pursuance of his duty and as such the allegations are obviously with mala fide intention. 2 On perusal of the complaint petition and the orders of both the courts I find that in fact the Judicial Magistrate could not have taken cognizance without there being any sanction from the proper authority and the filing of the complaint petition itself was mala fide. I, thus, see no reason to interfere with the impugnd orders. This application is dismissed. haque ( Sheema Ali Khan, J.)