IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.53067 of 2007 1. RAM MEHTA @ RAMDEO MEHTA @ RAMDEO SINGH & 2. Agnideo Mehta, Both sons of Bhulan Mehta @ Bhola Mehta, resident of village- Fariyani, P.S. K. Hat (Maranga), District-Purnea ...Petitioners Versus 1. THE STATE OF BIHAR & 2. The Divisional Forest Officer, Purnea …Opposite Parties ----------- For the petitioner : Mr. Rabi Bhushan Prasad-1, Advocate Mr. Arbind Kumar Advocate For the State : APP ------------ 3/ 16.04.2010 Heard learned counsel for the parties. The petitioners seek quashing of the order dated 25.11.2006 passed in C-II 226 of 2006 by Sri R. P. Yadav, Judicial Magistrate, 1st Class, Purnea, by which he has taken cognizance under section 33 and 41 of the Indian Forest Act 1927 (Bihar Amendment Act 1980), against the present petitioners. The prosecution report filed by the opposite party no.2 is that on seeing the roots of two trees, he learnt that it is the present petitioners, who were involved in cutting of the trees. Apparently, the first informant is not an eye witness to the occurrence and this information was given by the villagers present at the place of occurrence. It has been noted in the prosecution report itself that the witnesses refused to divulge their names and, therefore, the names were not recorded. In such view of the matter, entire case is based on hearsay from an unidentifiable source. Hence, the prosecution is without any legal material. In view of such, this application is allowed and the order - 2 - dated 25.11.2006 passed in C-II 226/2006 by Shri R. P. Yadav, Judicial Magistrate, 1st class, Purnea, taking cognizance against the petitioners under sections 33 and 41 of the Indian Forest Act, 1927 (Bihar Amendment 1989) is hereby quashed. Application stands allowed. JA/- (Anjana Prakash, J.)