Paras Kumar Vs. State of Jharkhand and anr - Court Judgment

Excerpt:
in the high court of jharkhand at ranchi cr.m.p.no.1038 of 2011 paras kumar ............................petitioner versus state of jharkhand and another..opposite parties coram: honble mr. justice r.r.prasad for the petitioner: mr.jitendra s.singh for the state :.a.p.p 2.17.9.12. learned counsel appearing for the petitioner submits that on 8.1.2002, the petitioner has been alleged to have committed offence under sections 33 and 42 of the indian forest act but the case was lodged on 10.1.2005, upon which cognizance of the offences punishable under sections 33 and 42 of the indian forest act was taken on 7.2.2005 and thereby the order taking cognizance is hit by section 468 of the code of criminal procedure. let notice be issued to the opposite party no.2 to show cause as to why this application be not admitted and/or, if possible, be not disposed of at the admission stage itself, for which requisites for issuance of notice under registered cover with a/d must be filed within one week. let this matter be listed on appearance of opposite party no.2. meanwhile, counter affidavit be filed on behalf of the state. until further order, further proceeding of d.p.c no.118, gocr-08/05 corresponding to t.r.no.145 of 2008, pending in the court of sub- divisional judicial magistrate, madhupur at deoghar shall remain stayed so far the petitioner is concerned. let a copy of this order be communicated to the court concerned through fax at the cost of the petitioner. (r.r.prasad, j.) nd/

Judgment:
In the High Court of Jharkhand at Ranchi Cr.M.P.No.1038 of 2011 Paras Kumar ............................Petitioner VERSUS State of Jharkhand and another..Opposite Parties CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner: Mr.Jitendra S.Singh For the State :.A.P.P 2.17.9.12. Learned counsel appearing for the petitioner submits that on 8.1.2002, the petitioner has been alleged to have committed offence under Sections 33 and 42 of the Indian Forest Act but the case was lodged on 10.1.2005, upon which cognizance of the offences punishable under Sections 33 and 42 of the Indian Forest Act was taken on 7.2.2005 and thereby the order taking cognizance is hit by Section 468 of the Code of Criminal Procedure. Let notice be issued to the opposite party no.2 to show cause as to why this application be not admitted and/or, if possible, be not disposed of at the admission stage itself, for which requisites for issuance of notice under registered cover with A/D must be filed within one week. Let this matter be listed on appearance of opposite party no.2. Meanwhile, counter affidavit be filed on behalf of the State. Until further order, further proceeding of D.P.C no.118, GOCR-08/05 corresponding to T.R.No.145 of 2008, pending in the court of Sub- divisional Judicial Magistrate, Madhupur at Deoghar shall remain stayed so far the petitioner is concerned. Let a copy of this order be communicated to the court concerned through FAX at the cost of the petitioner. (R.R.Prasad, J.) ND/