RADHA KRISHNA JALAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. This application has been filed for quashing of the order dated 16.08.2000 passed by the learned Sub Divisional Judicial Magistrate, Rajmahal in Barharwa P.S. Case NO. 58 of 1999, G.R. NO. 287 of 1999 (T.R. NO. 959 of 2000), whereby and whereunder, the cognizance of the offences punishable under Sections 414 & 120B of the Indian Penal Code and also under Section 40 of the Mining Act, which seems to have been wrongly mentioned in stead of Bihar Minor Mineral Concession Rules, 1972, has been taken against the petitioners.

(2.) It is the case of the prosecution that when stone chips were being carried; by as many as 27 Trucks, including two trucks bearing Registration Nos. W.B-65-1612 and A.S.-01E-6965, belonging to the petitioner Nos. 1 and 2 respectively were seized and a case was registered under the aforesaid Sections, at the instance of the Executive Magistrate.

(3.) The police after investing the case, submitted charge sheet. Upon which cognizance of the offences punishable under Sections 414 & 120B of the Indian Penal Code and Rule 40 of the Bihar Minor Mineral Concession Rules, 1972, was taken against the petitioners, which is under challenge.