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2016 DIGILAW 186 (UTT)

Mahendra Singh v. State of Uttarakhand

2016-05-02

SUDHANSHU DHULIA

body2016
JUDGMENT : Sudhanshu Dhulia, J. 1. A complaint has been moved by the respondent no.2/Divisional Forest Officer, Tarai Central Forest, Division, Haldwani, Nainital under Section 26 of the Indian Forest Act, 1927 before the Chief Judicial Magistrate, Udham Singh Nagar, which has been registered as complaint case no. 3108 of 2012. After recording the statement of the complainant under Section 200 of Cr.P.C., the learned Magistrate issued summons to the applicant way back in the year 2012. Although, according to the applicant, he was not served such notice till the filing of the present application. Again on 15.02.2016 summon has been issued to the applicant and the date was fixed for 30.04.2016 by the court concerned. Hence the present application filed under Section 482 of Cr.P.C., invoking the inherent jurisdiction of this Court. 2. Heard Mr. M.S. Pal, Senior Advocate for the applicant, Mr. P.S. Saun, Deputy Advocate General, for the State and perused the record. 3. Learned senior counsel for the applicant-Mr. M.S. Pal has relied upon certain provisions of Schedule Tribes and others Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and says that the manner in which they have been evicted is not applicable in the present case. This aspect cannot be dealt with in a criminal jurisdiction of this Court, it is yet to establish whether the aforesaid law is applicable in the present case or not. Moreover, it is not the appropriate forum where the application of the said act can be appreciated by this Court. 4. Considering the facts and circumstances of the case, no interference is being called for by this Court in the matter. The applicant would be at liberty to raise all arguments before the learned Magistrate, which shall be dealt with in accordance with law. The proceeding shall go on in accordance with law. 5. The Registrar General of this Court is hereby directed to furnish a copy of this order to the learned Chief Judicial Magistrate, Udham Singh Nagar, for onward compliance, inasmuch as, it is the opinion of this Court that already much delay has been caused in this matter, since it is pending since 2012. 6. With the aforesaid observations, the application filed under Section 482 of Cr.P.C., stands disposed.