LALAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State.

(2.) The present quashing petition has been filed on behalf of the petitioner for quashing the order dtd. 25/7/2024 passed by learned I/C Chief Judicial Magistrate, Jehanabad in connection with Hulasganj P.S. Case No. 136 of 2024 registered for the offences under Sec. 379 and 411 of the I.P.C. and Sec. 11, 43, 56, 4, 21 of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportations & Storage) Rules, 2019 (hereinafter referred to as the "Rules of 2019").

(3.) The brief facts of the case is that one Mithilesh Kumar, Mines Inspector, District Mines Office, Jehanabad submitted a written complaint before S.H.O. Hulasganj Police Station, Jehanabad alleging therein that he received a telephonic message from S.H.O. Hulasganj, in which one Sub- Inspector had intercepted a Tractor with sand, registration number was not mentioned on the vehicle, and while seeing the police personnel the driver fled away leaving the tractor. Consequently, the said tractor was brought to the police station. It is further alleged that on such information, the informant visited the police station and conducted an inspection of the vehicle, wherein he found that registration number was not mentioned in the vehicle, however, the informant disclosed the Chassis No. 006505439C1, SL. No. RBDL 00196 KA, Mahindra Model 265 DI and found that said tractor was loaded with sand. Thereafter, the informant imposed a sum of Rs.35,650.00 as fine. The informant further requested the police personnel to instituted a criminal case under the provisions of Indian Penal Code as well as Bihar Minerals (Concession, Prevention of Illegal Mining, Transportations & Storage) Rules, 2019.