D.G.R. Patnaik, J. - (1.) HEARD Counsel for the petitioner and the Counsel for the State.
(2.) PRAYER in this application is for quashing for F.I.R. dated 9.6.2009 registered for the offences under Section 414/34 IPC read with Section 20(i) of the MMRD Act, at Nirsa Police Station vide Nirsa P.S. Case No. 116 of 2009 corresponding to G.R. No. 1723 of 2009, which is presently pending in the court of Chief Judicial Magistrate, Dhanbad. A first information report was filed by the Sub Inspector of Police on the self recorded statement. The allegations in the FIR is that on confidential information that the present petitioner along with several others, was engaged in illegal extraction of coal from the closed ECL Colliery No. 12, the informant Police Officer proceeded to the place of occurrence along with the raiding party. On seeing the police party, persons who were present at the place of occurrence, fled away. Thereafter, in the presence of two witnesses, the informant Police Officer made an inspection of the colliery and found that about 250 tons of illegally extracted coal was stacked at the site. The informant seized the coal and prepared the seizure list.
(3.) ASSAILING the initiation of the criminal proceeding against the petitioner on the basis of the FIR, Counsel for the petitioner argues that the institution of the FIR, in itself, is illegal and contrary to the provisions of law and as a matter of fact, the informant Police Officer has no authority either to file the FIR or register any case on the basis of the information / report lodged by him for the alleged offences.;