ASISH BARAN MUKHERJEE, J. - (1.) THIS is an application under section 482, Cr. P.C. praying for quashing Contai P.S. Case No. 195 of 1994 and the proceeding in G.R. Case No. 582 of 1994 for an alleged offence under Rule 30 of the West Bengal Minor Mineral Rules, 1973 hearing after referred to as the Rules read with section 21(2) of the Mines and Minerals (Regulation and Development) Act of 1957 hereinafter referred to as the Act and under section 379, I.P.C.
(2.) THE case of the petitioner is that he moved a writ application being Civil Order No. 14458 (W) of 1993 on 6.9.1993 challenging the competence of the Legislature to regulate extraction of sand from High Land under the Rules and the Act in question and the illegal action on the part of the respondents by not allowing the petitioner to extract sand from High Land being Plot Nos. 320 and 321 of Mauza -Kishorenagar, District -Midnapore, A direction was given by this Court disposing of the writ application by directing the respondent authorities to allow the petitioner to extract sand from the plots in question upon payment of usual royalty.
(3.) THE petitioner communicated the said order to the District Authorities including the District Land and Land Reforms Officer, Tamluk when he was asked to produce certified copy of the judgment which he did. The petitioner paid all royalty for extraction of sand but in order to harass the petitioner the respondents issued letters alleging illegal activities on the part of the petitioner to the O.C., Contai P.S. and accordingly the District Land and Land Reforms Officer issued a Memo dated 16th of August, 1994 directing the petitioner to pay Rs. 1,28,162/ - for alleged extraction of Rs. 1,13,300/ - Cft. of brick earth. The notice was answered by the petitioner. On 5.9.1994 the petitioner was arrested by Police attached to Contai P.S. when he came to know that pursuant to an F.I.R. filed by the Sub - Divisional Land and Land Reforms Officer, Contai on 4.9.1994, Contai P.S. Case No. 195 of 1994 being G.R. Case No. 582 of 1994 was started and a charge -sheet was also submitted before the Sub -Divisional Judicial Magistrate, Tamluk, who also took cognizance of the offence. It is alleged that in the face of the order of the High Court the charge -sheet and taking of cognizance is illegal. The State Legislature has no independent legislative power to make Rule and Rule 30 is inoperative and void. Section 379, I.P.C. cannot have any application in view of the fact that the petitioner is armed with order of the High Court, hence the prayer for quashing.;