RAJKUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Kalyan Roy, learned counsel for the petitioner and Ms. Surbhi, learned counsel for the State.

(2.) The present petition has been filed for quashing of entire criminal proceeding including order taking cognizance dtd. 21/9/2016 passed in connection with Gua (Badajamda) P.S. Case No. 21/2015, corresponding to G.R. No. 322 of 2015, pending in the Court of learned Chief Judicial Magistrate at Chaibasa.

(3.) F.I.R. has been lodged by District Mining Officer, Chaibasa alleging therein that processing, storage, sale and illegal transaction is being carried out at the instance of M/s Gopi Minerals, Badajamda, West Singhbhum. It is further alleged that the Mining Inspector has submitted the Inspection Report dtd. 30/3/2015 alleging therein that the illegal processing, storage, sale and transaction is being carried out by M/s Gopi Minerals, Badajamada through its proprietor Raj Kumar Singh, Station Road, Govind Tower Apartment, Barbil, Keojjhar, Odisha. It is further alleged that the said proprietor has neither had the license nor got it renewed in terms of the Jharkhand Mineral Dealer Rules, 2007. It has also been pointed out that in terms of the physical verification, the report dtd. 16/6/2010 1200 MT of lumps and fines of 30.400 MT was available. On 31/1/2012 size plus lump of amounting 1822.750 MT fines and the availability of fines was 17948.400 MT which goes to show that on the basis of physical verification report dtd. 30/1/2012 the excess of 622.750 MT size lumps was sold and from the date of verification amount of 11090.80 MT illegal iron ores excavated which attracts the panel offence in terms of Minor Transit Rule 2005 under Sec. 3,8,9 and also Jharkhand Mineral Policy Rules, 2007 and 4/21 of the MMDR Act, 1957.