Rongon Mukhopadhyay, J. - (1.) HEARD learned counsel for the petitioner and learned counsel for the State.
(2.) IN the present criminal miscellaneous petition, the petitioners have prayed for quashing the entire criminal proceeding including the order dated 23.7.2010 passed by learned Additional Chief Judicial Magistrate, Ghatshila in Musabani P.S. Case No. 25 of 2008 corresponding to G.R. No. 214 of 2008 by which cognizance for the offence u/s. 379/411/34 of the Indian Penal Code (I.P.C.), Rule 4/54 of the Jharkhand Minor Mineral Concession Rules 2004 and Section 4(i)(ii) of Illegal Mining, Act has been taken. It appears that a First Information Report was instituted by the Inspector of Police in which it has been alleged that on secret information the police reached near Swarna Rekha River and found a truck bearing registration No. BRS -8711 which was being loaded with white stones. It is alleged that the driver of the truck was apprehended and he had named all the accused persons as being involved in the illegal extraction and trading of white stones extracted from Swarna Rekha River. The said stones were thereafter sent to Gajanand Factory, Gamharia, Adityapur.
(3.) AFTER institution of the case, investigation was taken up and on conclusion of the investigation, the case having been found to be true against the accused persons, charge -sheet was submitted for the offence u/s. 379/411/34 of the Indian Penal Code (I.P.C.), Rule 4/54 of the Jharkhand Minor Mineral Concession Rules 2004 and Section 4(i)(ii) of Illegal Mining Act and the learned court below vide order dated 23.7.2010 was pleased to take cognizance against the aforesaid offences.;