Rongon Mukhopadhyay, J. - (1.) HEARD Mr. Birender Kumar, learned counsel appearing on behalf of the petitioners. No one appears on behalf of the State.
(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceedings in connection with Maheshpur P.S. Case No. 38 of 2002 including the order dated 18.05.2002 passed by the learned Chief Judicial Magistrate, Pakur whereby and whereunder cognizance has been taken for the offence punishable under Sections 379, 411/34 of the Indian Penal Code and Rule 40(1) of the Bihar Minor Minerals Concession Rules, 1972. It appears that an F.I.R. was instituted by the Officer In -charge of Maheshpur Police Station that on 22.03.2002 at about 2:00 P.M. in course of patrolling with the help of other police officials, several trucks including that of the petitioners were seized loaded with boulders without the requisite challans under Form - F as required under Rule 33 of the said Rules.
(3.) BASED on the aforesaid allegations, Maheshpur P.S. Case No. 38 of 2002 was instituted.;