Harish Chandra Mishra, J. - (1.) HEARD learned counsel for the petitioners and learned counsel for the State. The petitioners have filed this application for quashing the entire criminal proceeding against them in Baghmara P.S. Case No. 110 of 2005, corresponding to G.R. Case No. 1463 of 2005, including the order dated 29.1.2007 passed therein, by the learned Chief Judicial Magistrate, Dhanbad, taking cognizance for the offence under Sections 414, 379/34 of the Indian Penal Code and Section 21(1) of the Mines and Minerals (Development & Regulation) Act, (hereinafter referred to as 'MMDR Act').
(2.) THE F.I.R. has been brought on record, which shows that the police apprehended two trucks, loaded with allegedly illegally mined coal. The petitioners are named in the F.I.R. The petitioner, Sadhu Yadav is the owner of one of the apprehended trucks, whereas it is alleged that the petitioner, Chandan Dubey @ Manish Chandra Diwedi was involved in illegal mining of coal. On the basis of the written information by the Police Officer, who apprehended the trucks, F.I.R. was lodged and the investigation was taken up. It appears from the impugned order dated 29.1.2007 passed by the Court below that after investigation, the police submitted charge -sheet in the case and on the basis of the materials in the charge -sheet and the case diary, the cognizance has been taken against the accused persons, including the petitioners, for the offence under Sections 414, 379/34 of the Indian Penal Code and Section 21(1) of the MMDR Act.
(3.) LEARNED counsel for the petitioners has submitted that the impugned order taking cognizance, as also the entire criminal proceeding against the petitioners, are absolutely illegal, inasmuch as, the petitioners are having the valid documents regarding the truck as well as the coal and the same has also been released in their favour during the pendency of the trial. Learned counsel for the petitioners has also submitted that the cognizance taken for the offence under Section 21(1) of the MMDR Act is also absolutely illegal, in view of the fact that the cognizance has been taken on the basis of the police report, whereas Section 22 of the MMDR Act completely bars taking cognizance for the offence under the said Act, except upon a complaint in writing made by the person authorized in this behalf by the Central Government or the State Government. Learned counsel, accordingly, submitted that the impugned order, as also the entire criminal proceeding against the petitioners, cannot be sustained in the eyes of law.;