@)2 HIGH COURT OF CHHATTISGARH AT BILA§PUR Cr. M.P. No. 422/2009 Petitioner Nanhoo Ram Rajwade, S/o Shivraj Ram Rajwade, Aged about 65 years, R/o Village Telegawan (Bhatgaon), P.S. - Pratappur, Distt. Surguja— (C.G.). State of Chhattisgarh, Through-Police Station Bhatgaon, Distt. Surguja — (C.G.). PETITION UNDER SECTION 482 OF CRIMINALV PROCEDURE CODE‘ 1973. Versus Respondent (SB :Hon’ble Mr. T.P.Sharma, J.) Present: Shri A. N. Pandey, Advoeate for the petitioner. Shri Rajendra Tripathi, P.L. for the State/Respondent. ORAL- ORDER (Passed on 17/08/ 2009) 1. This petition is for quashment of the criminal proceeding registered by the Forest Department in criminal case No. RC No. 177 of 2004-05 by Sough Sarguja, Ambikapur under Sections 52, 33(1)(c), 26 (1)00), 33’(1)(b), 33 (1)(d), 33(1)(e) of Indian Forest Act, 1927 and under Section 2(ii) of Forest Protection >3 Act, 1980. 2. The quashment is prayed on the ground that Revenue Officer has granted temporary lease of Kh. No. 1306 and 1302 for 22/3/04 to 31/ 12/04 and according to the copy of the charge sheet filed on behalf of the Forest Officer present petitioner has comtted the said offence on 20/6/04 Within the period of lease. 3. Learned counsel for the parties are heard and copy of the charge sheet filed by the Forest Office; before the Judicial mi Magistrate First Class Surajpur, in criminal case NQ; 227/04 relating to aforesaid offences perused. Learned counsel for the petitioner vehemently argued that during the period of lease petitioner was constricting brick—klin therefore he has not any offence punishable aforesaid sections and any criminal proceeding 0n the basis of such report would be abuse of the process of the Court. On the other hand, learned counsel for the State/respondent argued that temporary lease .of revenue leave was granted to the petitioner but petitioner has started construction of brick-klin upon the forest land for which no lease was granted even grant of lease was not considered. On due consideration, it reveals that Revenue land temporary allotted to the petitioner and Forest land where he was constricting brick-klin or not one and same therefore any initiation of the criminal proceeding on the basis of aforesaid Act of the petitioner is based on the material prima facie sufficient for initiatidn of the proceeding, I do not find any scope ' for quashment of the criminal proceeding. Consequently, this petition is liable to be dismissed and it is hereby dismissed. Sdl-