AMARESHWAR SAHAY,J. - (1.) HEARD the parties.
(2.) IN the instant writ application, the petitioner has prayed for quashing of the entire criminal proceedings including the F.I.R. of Nala (Binda Pathar) P.S. Case No. 16/2005 registered under Sections 379 and 411 I.P.C. against the petitioner and two others as contained in Annexure -4 to this writ application. The said FIR was instituted on the basis of the fardbeyan of Aiyeen Mahto. In the F.I.R. it is alleged that in course of patrolling duty to prevent the illegal theft of stones, the informant reached the village Simalbari, Tola Hassi Pahari on 14/03/2005 and then he saw that towards the northern side of the land of Sita Ram Mahto there was Government parti land on which large number of stones and boulders were stacked and some persons were loading the same on a Tractor. Thereafter, he gave information to the police at this the police party reached at the place of occurrence and then those persons, who were loading the stones and boulders on the tractor, started fleeing away. The police party chased them and, thereafter, one person was caught, who disclosed his name to be Babudhan Soren. The informant further alleged that the other man who succeeded in fleeing away was Hele Gorai to whom he could recognize. On being asked, the apprehended person disclosed that he was the driver of the said tractor bearing registration No. BR 12 -9116 and the said tractor belonged to Narayan Mahto (the petitioner) who used to illegally transport the stones and boulders to his Crusher Machine. The apprehended person could not show any valid documents with regard to those stones and boulders and, thereafter, the tractor as well as the stones and boulders were seized and the F.I.R. was lodged. It is stated that the petitioner, his driver etc. were caught red handed alongwith the stones and boulders, which is the subject matter of theft. The case of the petitioner is that the petitioner and two others namely Bijay Kumar Mahto and Gunadhar Mahto are the partners of 'Nilkanth Stones Works' and they entered into a lease agreement on 27/07/2004 with the Government of Jharkhand with regard to plot No. 92/P, area 1.72 acres in Mouza Binda Pathar, P.S. Binda Pathar, District Jamtara for extracting minor minerals from the said plot for a period of 10 years. A photocopy of the lease deed has been made Annexure -1 to the writ application.
(3.) THE main contention of the petitioner for quashing of the F.I.R. is that the said FIR was instituted in contravention of the Government circular issued under the signature of the Director, Mines, Government of Jharkhand contained in letter no. Mines Directorate (Miscellaneous) -161/04 1445 M. Ranchi dated 08/11/2004 wherein it was mentioned that no police officer is authorized to institute an F.I.R. with regard to mines and minerals under the Bihar Minor Mineral Concession Rules, 1972 and, therefore, the institution of the FIR was wholly illegal and without jurisdiction. The said letter dated 08/11/2004 has been annexed as Annexure -3 to this writ application.;