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2020 DIGILAW 504 (AP)

Vulavala Nagaraju v. State Of Andhra Pradesh

2020-08-06

CHEEKATI MANAVENDRANATH ROY

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JUDGMENT Cheekati Manavendranath Roy, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to enlarge the petitioners on bail in the event of their arrest. 2. The petitioners are A-1 and A-2 in OR. No. 48 of 2020 of Forest Range Punganur, Chittoor West, Chittoor District. 3. The alleged offences against the petitioners are under Sections 20(1)(C)(ii)(vii)(x) of the A.P. Forest Act. 4. Briefly stated, it is the case of the prosecution that on receipt of information by the Forest Beat Officer of Rayalapeta beat regarding illegal trespass by some persons into the forest area and unlawfully removing the thorn bushes and trees by using JCB in the forest area, he immediately along with staff rushed to the scene of offence and at that time, he found the petitioners herein trespassed into the reserve forest and ploughing the land and removing thorn bushes and trees with the help of JCB bearing No. AP 03 BU 8879. When the Beat Officer questioned them, they abused the said forest officials, who are on duty, discharging their official duties. The petitioners were found to have cut and removed the pachhi palu jathi sticks and chennachippa trees in the forest area weighing about 50 tons worth of Rs.1,32,950/-. Therefore, it is alleged that the petitioners have committed the aforesaid offences. 5. Heard learned counsel for the petitioners and learned Additional Public Prosecutor. 6. Learned counsel for the petitioners would submit that the alleged area from where it is said that the said trees are cut and removed, is not a reserve forest area and it is a patta land. He would further submit that the petitioners have been falsely implicated in this case by making false allegations against them. He would also submit that investigation in this case is completed and thereby prayed for grant of anticipatory bail to the petitioners. 7. Learned Additional Public Prosecutor vehemently opposed the criminal petition. He would submit that the area from where the said trees are highhandedly cut and removed by the petitioners is a reserve forest and it is not a patta land. He would further submit that the petitioners have cut and removed 50 tons of trees worth of Rs.1,32,950/- by illegally trespassing into the forest area. He would submit that the area from where the said trees are highhandedly cut and removed by the petitioners is a reserve forest and it is not a patta land. He would further submit that the petitioners have cut and removed 50 tons of trees worth of Rs.1,32,950/- by illegally trespassing into the forest area. He would also submit that they also abused the forest officials when they resisted them from removing the said trees from the forest area. Investigation is still pending and in the said facts and circumstances and the seriousness of the offence, he would submit that it is not a fit case for grant of anticipatory bail and thereby prayed for dismissal of the petition. 8. Perused the record. 9. The record reveals that the accusation made against the petitioners that they have entered the reserve forest area along with JCB and that they highhandedly cut valuable trees of 50 tons worth of Rs.1,32,950/- is prima facie well founded. The investigation in this case is still pending. Though it is contended on behalf of the learned counsel for the petitioners that investigation is completed, nothing is brought to the notice of this court to show that investigation is completed. On the other hand, learned Additional Public Prosecutor emphatically stated that investigation in this case is still pending as the crime was recently registered. Therefore, having regard to the seriousness of the allegations, as it is a case relating to trespassing into the reserve forest area with JCB and cutting the valuable trees worth of Rs.1,32,950/- illegally, this Court is of the considered view that it is not a fit case for grant of anticipatory bail. 10. In the result, the Criminal Petition is dismissed.