IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2481 of 2009 BALDEO SHARMA Versus THE STATE OF BIHAR ----------- 2. 16.4.2010 Heard Shri Ashok Jang Bahadur, learned counsel appearing for the petitioner who challenges the order of cognizance passed on 29.4.2008 by the Sub-divisional Judicial Magistrate, Dalsingsarai, Samastipur, in G.O.Case No. 6 of 2008( Tr. No. 1183 of 2008) by which besides taking cognizance of some offences under the Bihar Saw Mills( Regulation) Act, 1990, the learned Magistrate also took cognizance of certain offences under the Indian Forest Act. Shri Bahadur drew the attention of the Court to Section 24 of the Bihar Saw Mills( Regulation) Act, 1990 which clearly prohibits application of any Act, law, Rule, Order or any other thing having force of law, if the State Government has applied the provisions of Bihar Saw Mills( Regulation) Act, 1990.Shri Bahadur was very fair in contending that whether an offence under the Bihar Saw Mills( Regulation) Act, 1990 was made out or not is not his contention but what he wanted to impress upon the Court is that by virtue of the above prohibition contained in the above noted Sections of the Bihar Saw Mills (Regulation) Act, 1990, the order of cognizance under the Indian Forest Act appears completely out side the purview of law. In the light of the prohibition contained in Section 24 of the Bihar Saw Mills( Regulation) Act, 1990, the court below appears 2 falling in error in summoning the petitioner for the offence under the Indian Forest Act. The order to that extent appears not sustainable in law and, accordingly, that part of the order by which cognizance under the Indian Forest Act, 1927 was taken is hereby struck down. As regards the cognizance taken under the Bihar Saw Mills( Regulation Act), 1990, the same stands on record. The petitions is allowed in part in terms as indicated above. Kanth ( Dharnidhar Jha, J.)