OFFFICE OF SUPERINTENDENT OF POLICE
KULLU
SHO
PS Kullu, Manali, Bhunter, Banjar,
Anni,
Nirmand, Brow.
SUB:
Final Report in cases of Encroachment on Forest Land
This order is with
reference to CrMP(M) No. 1299/2008 titled as Yogendra Singh Vs State of HP. Whereas,
Revenue Officials have been written about getting the encroached land
demarcated but still the process of demarcation is very slow which is leading
to unnecessary delay in preparing the Final Report in FIR registered (More than
1000 in total in Kullu District). And Whereas, Forest Officials have been
written about giving the report of loss to flora and fauna and the same is also
pending in all the cases. Being a case monitored by Honorable High Court of
Himachal Pradesh police is duty bound to finalize these cases without any delay
and within the time limit prescribed by Honorable Court. Following will be the further
line of action in these cases:
1.
Investigating Officers will
immediately visit the spot along with forest officials.
2.
IO will photograph the entire area and
hard copies of these photos be formed part of Final Report u/s 173 of CrPC. Before taking the photos IO will set the
correct date and time of the camera.
3.
IO will videograph the entire area and
speak the details in the mic of the videocamera while recording which include
FIR Number, date, under/section and Police Station; type of cultivation on the
encroached land; status of built-up structures; inhabitants (persons living on
the land); major landmarks closeby e.g. river flowing, buildings, forest area
etc; type of fencing etc. All these videos are to be attached with the case
file in form of Compact Disc (CD). This will help the Court, prosecution,
police, witnesses during trial. Before
taking the videos IO will set the correct date and time of the camera.
4.
IO will do measurement of the area
based on Spot inspection and with the help of Forest Officials who can identify
the area of the forest. On the basis of this measurement IO will prepare a Spot
Map of the area mention the dimensions of the side of the encroached land. The unit of measurement will be in meters. This
spot map is to be signed by the accompanying forest officials and revenue
officials as the case may be.
5.
IO will take a report for the forest
officials like Forest Guard, BO, RO etc about the joint inspection of the spot
in which they shall mention about the name of forest beat, area, and other
identifying details of that piece of forest land which has been encroached.
6.
Statements u/s 161 CrPC of all the police,
forest, revenue officials, witnesses who are part of the joint inspection will
be recorded by the IO.
7.
Statements u/s 161 CrPC of witnesses of
the surrounding about the land use on that piece of land are to be recorded by
IO.
8.
IO will procure documents related to
ownership of the land i.e. Jamabandi of the land from forest officials which
will prove ownership and possession of the forest land by Government.
9.
In cases where IPH, Electricity,
Telephone connections have been taken, IO will procure the connection numbers
and bills from the encroacher or from the concerned department.
10.
All the documents related to the cases
should be properly tagged in the file including – certified copies of the
proceedings already under taken by the forest department in the case; copies of
correspondence related to these cases by SP Office Kullu; any documents
produced by the encroacher in this regard.
11.
As and when the demarcation report by
Revenue Officials and Report of Loss to Flora and Fauna by Forest Officials is
received it will be presented to the court in the form of supplementary
charge-sheet.
After complying with
the above mentioned instructions and any other as deemed fit by the IO, SHO
will prepare Final Report in the case and put up before supervisory officer who
shall thereupon see whether the Final Report has been properly made and
investigation carried out as instructed. It will be the duty of the concerned
SO to see that these instructions are followed. After this first level of
scrutiny the case file will be sent to concerned Ld. APP/PP for legal opinion.
The case file will then be put in the concerned Court. All cases need to be
finalized within one month. Any
difficulty in execution of these instruction be immediately be brought to the
notice of undersigned.
SP
Kullu
CC:
1.
Addl. Chief Secretary (Forest) to the
GoHP for information.
2.
Pr. Secretary (Revenue) to the GoHP
for information.
3.
DGP HP for information.
4.
IGP CR for information.
5.
DC Kullu for Information.
6.
Conservator of Forest Kullu for
information with request to direct Forest Guards, BO, RO to associate with the
police w.r.t to all point numbers except 7 and 9 mentioned above.
7.
Conservator of Forest Rampur for
information with request to direct Forest Guards, BO, RO to associate with the
police w.r.t to all point numbers except 7 and 9 mentioned above.
8.
ADM Kullu for information with request
to direct field functionaries w.r.t. point numbers 6, 8, 11 mentioned above.
9.
DRO Kullu for information with request
to direct field functionaries w.r.t. point numbers 6, 8, 11 mentioned above.
10.
ALL Supervisory Officers of Dist.
Kullu Police Department for compliance of the instructions mentioned above.
SP
Kullu
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