LALAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The petitioners are aggrieved by the order dated 21.12.2011 passed by Sri M. K. Tripathy, learned Judicial Magistrate 1st Class, Rajmahal, in G.R. No. 48 of 1999 / Tr.N0.1591 of 2011, whereby the application filed by the petitioners for discharge under Section 239 of the Cr.P.C., has been dismissed by the Court below finding that on the materials available on record, the offences are clearly made out against them under Sections 379, 411 of the Indian Penal Code and Rule 40 of the Bihar Minor Mineral Concessions Rules, 1972.

(3.) The facts of the case lie in a short compass. Two trucks were apprehended by the ASI of the police on 23.1.1999, which were found loaded with stone boulders. No document relating to the stone boulders was produced by the apprehended drivers of the trucks and the drivers of the trucks also informed that the stones were illegally mined by the petitioner Nos. 1&3, Lalan Singh and Rajeshwar Prasad Singh @ Rajeshwar Singh respectively, and the same were being carried to the crusher of the petitioner No. 4 Shanti Devi, who is also the wife of petitioner No. 3 Rajeshwar Prasad Singh. The petitioner No. 2 Najamadin @ Nizamuddin, is the driver of one of the apprehended trucks by the police. On the basis of the self statement of the ASI of police, FIR was lodged against the petitioners for the offences under Sections 379 and 411 of the Indian Penal Code as also under Rule 40 of the Bihar Minor Mineral Concessions Rules, 1972.