Anjana Prakash, J. (Oral)The Petitioner seeks quashing of the First Information Report of Forest case No.26 of 2007 dated 15.6.2007 pending in the Court of the Chief Judicial Magistrate, Kaimur (Bhabua).

2. The facts of the case is that the prosecution report was instituted on 15.6.2007 stating therein that on a secret information that a truck loaded with kendu leaves had left towards Kudra the said truck was chased. The truck was allegedly found stationed near a roadside Hotel. When the truck was searched, enquiries were made from the Driver. He disclosed that kendu leaves was that of the Petitioner whereas the truck belonged to the co-accused. In the prosecution report it was stated that the truck driver somehow absconded from there and hence could not be arrested.

3. It appears that on 4.9.2007 a sanha diary entry was made in which it was stated that when the raiding party searched the truck it was found loaded with kendu leaves but the driver could not be found out. Ultimately a charge sheet was submitted wherein it was stated that the name of the Petitioner was disclosed during investigation but the source was not stated.

4. The submission of the Petitioner is that there is no cogent proof even by way of material of the statement of the co-accused that the kendu leaves belonged to him and in the light of several disputes pending between the Petitioner and the Forest Officials of the area the present malicious prosecution be quashed.

5. On the other hand, the Counsel for the State submits that the sanha is strangely dated 4.9.2007 i.e. about three months later, for which there was no occasion. It appears that the said document was manufactured with a view to cause confusion with regard to the identity of the accused persons.

6. On going through the three relevant documents, I am surprised at the manner in which the prosecution report, sanha and the charge sheet was filed. The documents raise a reasonable suspicion and indicate that there is something seriously wrong in the manner in which the prosecution was launched on account of which the Petitioner is deriving benefits.

7. For reasons of the dubious manner in which the Prosecution has conducted itself, the application is allowed and the First Information Report of Forest case No.26 of 2007 dated 15.6.2007 pending in the Court of the Chief Judicial Magistrate, Kaimur (Bhabua) is hereby quashed.

8. However, in the interest of justice, let these three documents be examined by the Divisional Forest Officer, Kaimur (Bhabua) to take appropriate action against the Forester, who had instituted the prosecution report on the one hand saying that the name of the Petitioner was disclosed by the Driver, who escaped and then that his complicity was learnt during investigation.

9. The Superintendent of Police, Kaimur (Bhabua) will also examine the aforesaid documents and sanha report dated 4.9.2007 submitted by the Officer Incharge S.K. Sinha, Kudra P.S. to see as to whether it was on account of police forest officials nexus designed to allow the accused to escape and for appropriate action in the matter, if required.

10. Let this order be communicated to the two incumbents i.e. the Divisional Forest Officer, Kaimur (Bhabua) and the Superintendent of Police, Kaimur (Bhabua) in connection with Forest case No.26 of 2007 pending in the Court of the Chief Judicial Magistrate, Kaimur (Bhabua) through fax at the cost of the State.