- (1.) PETITIONER Umesh Prasad Agarwal by means of this criminal writ petition has prayed for quashing the order dated 10th December, 2003, passed in Senha P.S. Case No. 46 of 2003, corresponding to G.R. No. 267 of 2003, whereby and whereunder, the learned Chief Judicial Magistrate, Lohardaga, has taken cognizance of the offence under Sections 41/120 -B of the Indian Penal Code and 4/21 of the Mines Mineral and Development Act, 1957.
(2.) LEARNED counsel for the petitioner submits that after completing the investigation, the case was supervised by the higher police officials but no case was found against the petitioner Umesh Prasad Agarwal, including Abhishek Sharma and Binay Kumar Burman, showing therein that the Investigating Officer and the Supervising Authority found complicity of the staffs of HINDALCO, who along with the driver Bud -dhdeo Oraon, against whom charge -sheet was submitted, are indulged in the illegal mining of bauxite and selling the same to the HINDALCO, converting it to be legal one by issuing chalans from other owners. Learned counsel for the petitioner has referred paragraph Nos. 35, 42, 62, 70 and 71 of the case diary and submitted that even if the entire paragraphs of the case diary in which the statements of the witnesses have been recorded under. Section 161, Cr PC, are admitted, no conviction can be made against this petitioner. Learned JC to GP II accepted that except in the First Information Report and re -statement of the informant in the case diary, there is nothing against the petitioner.
(3.) LEARNED counsel for the petitioner has further submitted that there is special provision, provided under the Mines Mineral and Development Act, 1957. Section 22 of the said Act, which deals with the cognizance of the offence, has been quoted by the learned District and Sessions Judge, Lohardaga, in his order dated 15.10.2003, passed in ABP No. 46 of 2003, which reads as follows : '' "No Court shall take cognizance of any offence punishable under this Act or any rules made thereunder except upon complaint in writing made by a person authorized in this behalf by the Central Government or the State Government." Clause 6 of the Minerals Transit Pass Regulations, 1976 reads as follows: "The following officers are authorized to stop, check and verify truck carrying the ore from the mine: (i) Director of Mines ''In the entire State. (ii) Deputy Director of Mines ''In their respective zones. (iii) Collector ''Within their respective jurisdiction. (iv) Mining Officer ''Within their respective jurisdiction. (v) Any Office of the Commercial Taxes Department within their respective jurisdiction. (vi) Mines Inspector ''Within their respective jurisdiction. It shall be the responsibility of the mine owners to ensure that their carriers afford all assistance and co -operation for such inspector." ;