- (1.) This application has been filed for quashing of F.I.R. in connection with Rajmahal P.S. case no. 161/98 dated 11.08.1998 under sections 419, 420, 467, 471, 379, 295, 120(B) of the Indian Penal Code and section 40 of Mines Act and section 4(1) of Mines and Minerals (Regulation & Development) Act, 1957. It appears that informant(Assistant Mining Officer, Sahibganj) had filed written report alleging therein that petitioner no. 3 namely M/s Rajmahal Quartz-sand and Kaolin Company had been given lease for extracting china clay. It is further alleged that within the lease hold area of petitioner no. 3, a Monument namely, Baradwari situate. It is stated that said Monument had been declared as ancient monument under Ancient Monuments and Archaeological Sites and Remains Act, 1958 (herein after refer as Ancient Monuments Act). It is then stated that according to the provisions of the Ancient Monuments Act, petitioner no. 3 is prevented from carrying out mining work within the distance of 300 meters from aforesaid monument. But petitioner no. 3 was carrying mining work within that area, which is illegal. It appears/that on the basis of aforesaid allegation, Rajmahal P.S. case no. 161/98 instituted under sections 19, 420, 467, 471, 379, 295, 120(B) of the Indian Penal Code, section 40 of Mines Act and section 4(1) of Mines and Minerals (Regulation & Development) Act, 1957.
(2.) It is submitted by Learned Counsel for the petitioners that admittedly, petitioner no. 3 (firm in question) is a mining lease holder, thus, it cannot be said that firm indulged in illegal mining. It is submitted that even if allegations are taken to be true no offence under Indian Penal Code, Mines Act and Mines and Minerals (Regulation & Development) Act is made out. It is submitted that at best offence under section 30(1)(iv) of Ancient Monument Act is made out. It is submitted that offence under section 30(1)(iv) of the Ancient Monument Act is non-cognizable offence, therefore, police has no power to lodge F.I.R. and start investigation. Accordingly, it is submitted that present F.I.R. is liable to be quashed.
(3.) Learned Addl. P.P. opposed aforesaid submission and submitted that apart from offence under the Ancient Monument Act it is alleged that offences under Indian Penal Code, Mines Act and MMRD Act, which are cognizable. Thus, police rightly instituted F.I.R.;