BINOD KUMAR BHUKANIA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-2-102
HIGH COURT OF JHARKHAND
Decided on February 18,2013

Binod Kumar Bhukania Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the State.
(2.) THIS application has been filed for quashing of the order dated 10.01.2011 passed by the then Chief Judicial Magistrate, Chaibasa in Gua P.S. Case No.15 of 2006 G.R. No.119 of 2006 whereby and whereunder cognizance of the offences punishable under Sections 447/467/468/120B of the Indian Penal Code, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, Sections 37/38/39/40 of the Air (Prevention and Control of Pollution) Act, 1981 and also under Section 3/4 of the S.C. & S.T. (Prevention of Atrocities ) Act, 1989 has been taken against these petitioners. Before adverting to the submissions advanced on behalf of the petitioners, the case of the prosecution needs to be taken notice of. It is the case of the prosecution that when the informant - a Junior Environment Engineer, Jharkhand State Pollution Control Board along with others, laid a raid over seven premises of crushers units including the petitioners' unit named as Pawan Minerals and found that iron ore was being crushed, without having no objection or consent letter from the Jharkhand State Pollution Control Board. 6/5/2014 Page 127 Ranchi Cold Storage Ltd. Versus Bihar State Electricity Board
(3.) ON such allegation, a case was registered under Sections 447/467/468/120B of the Indian Penal Code, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, Sections 37/38/39/40 of the Air (Prevention and Control of Pollution) Act, 1981 and also under Section 3/4 of the S.C. & S.T. (Prevention of Atrocities ) Act, 1989. The police, having investigated the case, submitted the charge sheet, upon which, cognizance of the offence punishable under Sections 447/467/468/120B of the Indian Penal Code, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, Sections 37/38/39/40 of the Air (Prevention and Control of Pollution) Act, 1981 and also Section 3/4 of the S.C. & S.T. (Prevention of Atrocities ) Act, 1989 has been taken against these petitioners vide order dated 10.01.2011, which is under challenge.;


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