SUBODH SINGH @ SUBODH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 12.03.2013 passed by the Judicial Magistrate, 1st class, Sherghati, Gaya, in Sherghati P.S. Case No.36 of 2009 by which the learned Magistrate has rejected discharge petition filed on behalf of the petitioner under Section 239 Cr. P.C.

(2.) Heard learned counsel for the petitioner and the State.

(3.) It has been submitted on behalf of the petitioner that even if entire allegation levelled against the petitioner is taken into account, no offence under Section 379 Indian Penal Code is made out because there is special Act and rules for the offence under Bihar Mines Mineral Concession Rules, 1972, and Section 4(2) of the Code of Criminal Procedure prohibits investigation.