RAGHAV CHANDAK @ RAGHAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present application under Section 482 of the Cr.P.C has been filed for quashing the order dated 11.08.2014, passed by the learned Chief Judicial Magistrate, Banka in Amarpur P.S. case No. 108 of 2014 (G.R. Case No. 743 of 2014), by which cognizance has been taken against the petitioner under Section 40 and 49 of the Bihar Minor Mineral Concession Rules 1972.

(3.) Briefly stated, the facts of the case is that one FIR was lodged by the Mines Inspector, Banka alleging that the company of M/s Mahadev Enclave Pvt. Ltd had been operating on daily basis, the sand ghat for the year 2014. On 03.05.2014, it was found that the settlee company and other accused persons had been forwarding 140 trailors of sand to other place by way of illegal mining and storage. It has been further alleged that the sand ghat between Ghogha Vear to Singhnan are restricted ghats and accordingly the accused persons committed cognizable offence under Rule 4, 40 and 49 of the Bihar Minor Mineral Concession Rules 1972 and Bihar Mineral (Illegal Mining, Storage) Rules, 2003. An FIR was lodged by the Mines Inspector, Banka pursuant to which investigation was done by the local police and chargesheet vide chargesheet No. 101 of 2014 dated 30.06.2014 was submitted in the court of learned C.J.M. Banka. In the chargesheet, the petitioner was not sent-up for trial as the investigation agency found no material in course of investigation against the company of the petitioner much less against the petitioner.