SHRI RAJESH BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, in the present application filed under Sec. 482 of Cr.P.C. seeks quashment of the criminal proceedings instituted against him in C.T. Case No.1383 of 2021 of the Court of learned J.M.F.C., Chandikhole under Ss. 287/304/420/379/34 IPC, Sec. 21 of the Mines and Minerals (Development and Regulations) Act 1957, Ss. 3 and 4 of Explosive Substances Act, 1908 and Sec. 15 of the Environment (Protection) Act, 1986.

(2.) The facts of the case are that one Dukhina Purty lodged FIR in Jenapur police station on 24/8/2021 stating therein, that has father, Dilip Purty, while returning home on 23/8/2021 from the hillock fell down in a ditch at about 3.00 P.M. He was taken to Dharmasala dispensary where the doctor declared him dead. In course of investigation, it was ascertained that one Babuli Behera and his son Rajesh Behera (petitioner) are unauthorizedly running a stone quarry in Baghua hillock which is a Government land and that quarrying was being done by using explosive substances. They did not have any license or authorization to extract minerals from the land in question. Upon completion of investigation, charge sheet was submitted against the accused persons for the aforementioned offences.

(3.) Heard Mr. G.P. Mohanty, learned counsel for the petitioner and Mr. N. Pratap, learned Additional Standing Counsel for the State.