IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8388 of 2008 ARUN SINGH, SON OF LATE YOGENDRA SINGH, RESIDENT OF VILLAGE SHARANPUR, P.S. TARABARI, DISTRICT ARARIA.--- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE FORESTER, EXTENSION CAMPUS, ARARIA, DISTRICT ARARIA. OPPOSITE PARTIES ----------- 2 28.1.2010 This application has been filed for quashing the order dated 7.2.2003 passed in Complaint Case bearing no. C.C.60/2002 by the Sub-divisional Judicial Magistrate, Araria taking cognizance for offences under Sections 5, 9 and 10 of the Indian Forest Act against the petitioner. The grounds raised on behalf of the petitioner is that the petitioner was in fact not running a saw mill in the premises and only 15 logs of wood were found at the place of occurrence. It is said that the petitioner had already deposited the amount on 28.12.2001 for renewal of his licence for the year 2002 and as such the institution of the First Information Report is not warranted in view of the provisions of the Section 5(2) of the Indian Bihar Saw Mill (Regulation) Act which envisages that the licence would be valid for thirty days during the pendency of the application for grant of licence. 2 This aspect of the matter should be examined at the time of framing of charge and if it is found that in fact the petitioner had duly applied for licence, the Court will take into consideration the provisions of Section 5(2) of the Indian Bihar Saw Mill (Regulation) Act before framing of charge. With this observation, this application is disposed of. Sanjay ( Sheema Ali Khan, J.)