MAHENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole F.I.R. accused of Lakhisarai P.S. Case No. 115 of 1995 prays for the quashing of the entire judicial proceeding initiated against him including the order dated 24.10.1996, whereby the learned Additional Chief Judicial Magistrate, Lakhisarai, has taken cognizance against him for offence under Section 379 I.P.C. and Section 40 of the Mining Act and non -bailable warrants and process under Sections 82 -83 Cr.P.C. and a proclamation under Section 299 Cr.P.C. has been issued against him without applying with the procedure laid down in the Code.

(2.) The allegation against the petitioner is that the petitioner without obtaining any license or without depositing requisite fee was utilizing the brick soil in Lakhisarai to produce and sell "Raza" Brand brick in violation of Bihar Mines Rules.

(3.) IT has been submitted on behalf of the petitioner that after the filing of the F.I.R. on 24.6.1995 the petitioner in the Court of Deputy Director, Bhagalpur, in case no. 5 of 1995 -96 deposited the application charge and amount of interest vide Challan No. 10 dated 1.7.1996 for an amount of Rs. 22,000/ - and vide Challan No. 5 dated 7.8.1996 a sum of Rs. 6720/ - and after such deposit the learned Court of Deputy Director, Mines, Bhagalpur, disposed of the case directing the Inquiry Officer and Assistant Mining Officer, Munger to do the needful. It has further been submitted that the petitioner surrendered in the Court of the learned Additional Chief Judicial Magistrate, Lakhisarai, where he was enlarged on bail vide order dated 3.10.1996 considering that the requisite fee had been submitted before the appropriate authority for valid license.