CHHOTELAL CHODHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this application dated 12. 9. 2006 under Section 482 of the Cr. P. C. prayer is made for quashing of a proceeding being G. R. Case No. 240 of 2005 under Section 4 (D) of the West Bengal Land Reforms Act, 1955 and Sections 21 (1) and 21 (2) of the Mines and Minerals (Development and Regulation) Act, 1957 read with Section 30 of the West Bengal Mines and Minerals Rules, 1973 and under Sections 290/397/447 of the Indian Penal Code now pending before the learned Sub-divisional Judicial Magistrate, Kalyani in the District of nadia.

(2.) THE de facto complainant who is the F. I. R. maker is an officer, said to be authorised under Section 22 of the Mines and Minerals (Regulation and Development) Act, 1957 and an officer authorised by the Collector under section 4 (D) of the West Bengal Land Reforms Act, 1955. He lodged an F. I. R. with the Kalyani Police Station against the present petitioners alleging that they unauthorisedly extracted and removed 1,05. 000 Cft. of ordinary sand/ ordinary clay/gravel/building stone/morum/brick earth/marble which are minor minerals in terms of Section 3 (c) of the Mines and Minerals (Regulation and development) Act, 1957 read with a notification of the Government of India without any permission of the appropriate authority or without holding any quarry or permit of mining lease as required under the West Bengal Minor Minerals rules, 1973 and therefore has committed theft of the said quantum of sand/ clay/gravel/building stone/ moram/ brick earth/marble by trespassing into the land and soil and thereby caused public nuisance. Further the petitioners/ accused persons unauthorisedly made conversion and without the permission of the Collector of the lands so as to extract minor minerals from the lands and thereby they are liable to be prosecuted under Section 4 (D) of the West Bengal land Reforms Act, 1955. Thus, according to the F. I. R. maker such unauthorised extraction and removal of minor minerals makes the persons liable to prosecution under Section 4 (D) of the Land Reforms Act, Rule 30 of the West Bengal Minor Minerals Rules, 1973 and Sections 21 (1) and 21 (2) of the Mines and Minerals (Regulation and Development) Act, 1957 and also under Sections 290/379/447 of the Indian Penal Code.

(3.) I have heard Mr. Ashok Kumar Chakraborty, learned Senior advocate appearing with Mr. Pinaki Ranjan Chakraborty for the petitioners and Mr. Debabrata Roy, learned Advocate appearing for the State of West bengal.