- (1.) Heard Mrs. Nitu Sinha, learned counsel appearing on behalf of the petitioner and the learned A.P.P. appearing on behalf of the opposite parties.
(2.) In this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with OCR Case No. 171 of 1996 including the order dated 12.12.1996 passed by the learned Additional Chief Judicial Magistrate, Pakur whereby and whereunder cognizance has been taken under Rule 49 of the Bihar Minor Mineral Concessions Rule, 1972.
(3.) The prosecution story as would appear from the complaint petition filed by the opposite party No. 2 in his capacity of Assistant Mining Officer, Pakur is to the effect that the petitioner was carrying on business of stone beyond the leasehold area without obtaining the license as prescribed in Form L and, therefore, the same is an offence under Rule 49 (iii) of the Bihar Minor Mineral Concessions Rule, 1972. After filing the complaint vide order dated 12.12.1996 the learned Additional Chief Judicial Magistrate, Pakur was pleased to take cognizance for the offence punishable under Rule 49 of the Bihar Minor Mineral Concessions Rule, 1972.;