SAURAV KUMAR AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners are Directors of Topline Infra Projects Pvt. Ltd., a Company incorporated under the Companies Act, 1956, having its registered office at Kolkata, West Bengal. The said company owns one white and blue coloured JCB and two Sonalika Tractors with lorry/carrier attached therein.

(2.) On the basis of a written complaint submitted by Anchal Adhikari (Land Revenue Officer), Parbatta, Police registered Pasraha P.S Case No. 10 of 2017, dated 2 nd of February, 2017, under Rule 4 of 2014 of the Bihar Minor Mineral Concession Rules (Rules), 1972 against the petitioners and took up the case for investigation. On completion of investigation, Police submitted charge-sheet under Rule 4 of 2014 of the Bihar Minor Mineral Concession Rules (Rules), 1972, against the petitioners. By an order, dated 12 th of December, 2017, the learned Chief Judicial Magistrate, Khagria, on the basis of Police report, took cognizance. The order of taking cognizance of offence is under challenge in the instant Revision, at the instance of the accused persons/petitioners.

(3.) The learned Advocate on behalf of the petitioners at the outset submits that Sec. 22 of the Bihar Minor Mineral (Development and Regulation) Act, 1957 states that no Court shall take cognizance of any offence punishable under the Act or any Rules made thereunder except upon complaint in writing made by a person authorized in this behalf by the Central Government or the State Government. Sec. 15 of the said Act delegates power to the State Government to make Rules in respect of Minor Minerals. In exercise of the powers conferred by Sec. 15 of the Bihar Minor Mineral Concession Rules, 1972, the rule was promulgated by the Governor of Bihar vide a Notification No. 4275 M, dated 22nd of June, 1972. Rule 4 of the Bihar Minor Minerals Concession Rules, 1972 prohibits mining operation without permit or mining lease. Rule 4 runs thus:-