DAROGA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD.

(2.) BOTH the above applications filed under Section 482 Cr.P.C. have been heard together and are being disposed of by this common order.

(3.) THE second submission is that on the date of the alleged date of the occurrence, the petitioners had valid lease for doing mining works as per the lease granted by the Mining Department in the year 1986 which continued upto 1994. THE validity of the right of the petitioners for mining works has also been recognized by non-else than the Forest Department itself vide its letter No. 4151 dated 18.12.1993(Annexure-7). It is further submitted that earlier in the year 1992, the petitioner Daroga Singh had been prosecuted for the same crime which had been set aside vide order dated 23.7.1993 passed in Cr.W.J.C. No. 658 of 1992 (Annexure-8) on the ground of validity of lease for mining.