TIRATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel for the State.

(2.) The petitioner is aggrieved by the order dated 03.04.2000 passed by Sri A. K. Singh, learned Judicial Magistrate, Dhanbad, in Govindpur (Barwadda) P.S. Case No. 111 of 1999, corresponding to G.R. No. 1248 of 1999, whereby the application filed by the petitioner for discharge, under section 239 of the Cr.P.C., has been dismissed by the Court below, holding that there are sufficient materials on record to frame the charge against the petitioner under Rule 40(1) of the Bihar Minor Mineral Concession Rules, 1972 (herein after referred to as the 'Rules'), under Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (herein after referred to as the 'Act') and Section 379 of the Indian Penal Code, and the case was fixed for framing of the charge.

(3.) The facts of the case lie in a very short compass. The petitioner was found engaged in manufacturing bricks after illegal mining of soil and accordingly, the F.I.R. was lodged on the basis of the written report submitted by the District Mining Officer, Dhanbad, on 22.04.1999 stating that clay is a minor mineral within the meaning of the Rules, and due to illegal extraction of the clay, the petitioner was liable under the provisions of Rule 40(1) of the said Rules and under section 21 of the Act, and in view of the fact that the petitioner was also causing loss of the Government revenue, he hadalso committed the offence under Section 379 of the Indian Penal Code. On the basis of the letter of the District Mining Officer, Dhanbad, to the aforementioned effect, the FIR was lodged and investigation was taken up.