FEKU RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Criminal Writ Petition has been filed on behalf of the petitioner for quashing of the order dated 05.08.2009(Annexure -6) whereby sanction has been accorded for prosecution of the petitioner under sections 406/467/468/414/420 in connection with Pakur P.S. case No. 117 of 1999 registered on 8.7.1999.

(2.) IT appears that the petitioner is the informant in the aforesaid Pakur P.S. case No.117 of 1999. According to his written report, a special drive was going on to prevent illegal mining. On 7.7.1999, after receiving secret information, Kartik Bhagat was apprehended, who happens to be the son of Sita Devi, a lessee, who had been providing permit for transportation of stone chips. The Truck No. WGQ 2007, while carrying 250 cft stone chips, size 5/8 on the basis of challan issued in favour of the said Sita Devi, lessee, was seized by the informant. On verification, it was detected that permits for transportation of stone chips issued in favour of the lessee Sita Devi were being misused by accused Kartik Bhagat for the purpose of smuggling of stone chips. During investigation, involvement of Feku Ram (petitioner) who was informant in the said case, was also surfaced and therefore sanction for prosecution was sought for and finally by the impugned order sanction for prosecution of the petitioner was accorded.