GULAB BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the State.

(2.) Both these applications have been filed for quashing of the FIR of Pakur (Malpahari) P.S. Case No.47 of 2011 (G.R. No.126 of 2011) which has been registered under Sections 413/414 read with Section 120B of the Indian Penal Code and also under Sections 40 & 54(7) of the Jharkhand Mining Act, 2004, which seems to have been wrongly mentioned in place of Section 54 of the Jharkhand Minor Mineral Concession Rules, 2004.

(3.) Case of the prosecution is that when four to five trucks were found carrying stone chips, they were intercepted by the ASI of Pakur (Malpahari) Police Station and on being asked, when no document was produced, a case was lodged on an allegation that the stone chips had been brought after extracting the same from a mine illegally and was being carried for the purpose of sale.