- (1.) Heard Mr. Ashok Kr. Yadav, learned counsel appearing on behalf of the petitioner and the learned A.P.P. appearing on behalf of the opposite party.
(2.) In this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with Barwadih P.S. Case No. 26 of 2013 corresponding to G. R. Case No. 284 of 2013 including the order dated 04.03.2013 whereby and whereunder cognizance has been taken for the offences punishable under Section 4/21 of the Mines and Minerals (Development and Regulation) Act 1957 and under Section 4/67 of the Jharkhand Minor Mineral Concession Rules, 2004. The prosecution story as would appear from the written complaint filed by the Assistant Mining Officer, Latehar before the Officer In-charge, Barwadih Police Station is to the effect that pursuant to the direction of the Deputy Commissioner, Latehar a task force was constituted and a raid was conducted in the premises of the petitioner in Mauza Barwadih Khata No. 50 and Plot No. 61 and 63 which is Gairmajurwa Malik and forest lands and in seven places altogether nineteen thousand six hundred cubic feet stones were recovered. It has been alleged that after reaching the place of occurrence one of the villagers namely Md. Rajaul Haque and a Chowkidar namely, Sunil Paswan had disclosed the owner of the Crusher namely Mahendra Singh (petitioner) who had stored illegal stones in Khata No. 50 Plot No. 61 and 63.
(3.) On the basis of the aforesaid allegations, the First Information Report was instituted under Section 4/21 of the Mines and Minerals (Development and Regulation) Act 1957 and Section 4/67 of the Jharkhand Minor Mineral Concession Rules, 2004 and subsequently Sections 379, 411 of the Indian Penal Code and Section 33 of the Indian Forest Act had been added.;