IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Petition No. 325 of 2004 Keshar Ram Arya S/o Late Dikar Ram Arya R/o New Abadi Haripura Harsan P.O. Bazpur, Distt. Udham Singh Nagar. ................ Petitioner Versus 1. State of Uttaranchal 2. Judicial Magistrate Kashipur, Udham Singh Nagar. 3. Divisional Forest Officer Tarai Kendriya Van Prabhag, Haldwani, District Nainital. ................. Respondents Along with Criminal Misc. Petition No. 332 of 2002 Keshar Ram Arya S/o Late Dikar Ram Arya R/o New Abadi Haripura Harsan P.O. Bazpur, Distt. Udham Singh Nagar. .................. Petitioner Versus 1. Judicial Magistrate Haldwani, Nainital. 2. Divisional Forest Officer Tarai Kendriya Van Prabhag, Haldwani, District Nainital. 3. State of Uttaranchal. ................. Respondents Mr. M.C. Kandpal, Sr. Advocate assisted by Mr. S.S. Chaudhary. learned counsel for the petitioner. Mr. B.S. Parihar, learned Brief Holder for the State. Hon’ble Prafulla C. Pant, J. By means of Criminal Misc. Petition No. 325 of 2004, the petitioner has sought quashing of the proceedings of criminal case No. 155 of 2003, pending before the Judicial Magistrate, Kashipur, District Udham Singh Nagar. And through Criminal Misc. Petition No. 332 of 2002, the petitioner has sought direction quashing the proceedings of criminal case No.2456 of 2002; 2457 of 2002; 2458 of 2002; 2459 of 2002 and 2476 of 2002, pending before Judicial Magistrate, Haldwani, District Nainital. 2) Heard learned counsel for the parties. 3) Petitioner’s case is that the accused are landless members of Scheduled Caste, who are allotted land belonging to the forest department. They are lawful occupant of the land and their criminal prosecution by the forest department, is wrong. In this connection, a judgment and order dated 19.09.2002, passed by Additional Civil Judge (Senior Division) / Fast Track Court, Kashipur, in Suit No. 213 of 1996, is relied. (The said judgment reversed in first appeal and now subjudice in second appeal) Apart from this, it is contended that the Commissioner, Kumaon Division, Nainital, has already asked the Conservator of Forest vide order dated 21.11.2001, to take decision regarding withdrawing of the criminal cases filed against the landless members of the Scheduled Castes of Haripura Harsan. 4) As far as the Criminal Misc. Petition No. 325 of 2004 is concerned, it relates to (criminal case No. 155 of 2003, with regard to offence punishable under Sections 379 / 411 of I.P.C. read with Section 26 of the Forest Act) registered with police station Bazpur, District Udham Singh Nagar. 5) In the counter affidavit filed on behalf of State, it is stated in Para-4 that the offence committed by the petitioner is over an area which is outside the area allotted to the petitioner vide Government Order dated 11.08.1955. 6) This Court is of the view that whether, the petitioner has cut the trees in an area of the plot allotted to him or outside it, is a question of fact which can be decided by the trial court, and the petitioner is at liberty to raise the plea before the trial court. 7) As far as Criminal Misc. Petition No. 332 of 2002 is concerned, no details of the offences are given in said Petition and it is not clear to which penal sections prosecution relates. The petitioner has sought blanket direction to quash the proceedings of criminal cases No. 2456 of 2002; 2457 of 2002; 2458 of 2002; 2459 of 2002 and 2476 of 2002, without disclosing the date of alleged offence, or other details thereof. No copy of the first information report or that of the complaint or that of the charge sheet, is filed with the Petition. Therefore, this Petition, under Section 482 of Cr.P.C. is also liable to be dismissed. 7) For the reasons as discussed above, Criminal Misc. Petition No. 325 of 2004 and Criminal Misc. Petition No. 332 of 2002, are hereby dismissed with the observation that the accused may raise plea of their innocence before the trial court. The interim stay order dated 21.06.2004 (passed in Criminal Misc. Petition No. 332 of 2002) and interim stay order dated 11.08.2004 (passed in Criminal Misc. Petition No. 325 of 2004) are hereby vacated. The Registry is directed to inform the two courts concerned. (Prafulla C. Pant, J.) Dt. January 08, 2008. H.Negi