(1.) Petitioners in this batch of petitions have challenged the order of taking cognizance and issuance of summons to them by the Special Judge and have sought to quash the proceedings initiated against them. The details of the proceedings, rank of the petitioners and the gist of the allegations made in the charge sheets are detailed in the table herebelow:-
(2.) Learned counsel for petitioners has raised the following contentions:
(3.) Meeting these arguments, the learned Spl.P.P. appearing for respondent would submit that the allegations made in RC.No.15(A)/2012 are entirely different from the allegations made in the instant FIRs and therefore, the submission of the learned counsel for petitioners that they have been sought to be prosecuted on the basis of two identical FIRs is factually incorrect. Learned Spl.P.P. also pointed out that the transactions referred in the FIRs are different and even the set of accused in the cases are different and moreover, petitioner/accused No.3 (Sri. Nandakumar Singh) is arrayed as witness No.13 in RC No.15(A)/2012, whereas in the instant cases, the petitioners themselves being miners, they are prosecuted for the alleged contraventions of the provisions of the M.M.D.R. Act and therefore, there is no illegality in the registration of the FIRs against the petitioners and the consequent submission of charge sheets by the respondent for the alleged offences.
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