VIVEK KEJRIWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sumeet Gadodia, the learned counsel appearing on behalf of the petitioners and Ms. Ruby Pandey, the learned counsel appearing on behalf of the respondent State.

(2.) This petition has been filed for quashing of the entire criminal proceeding as well as the F.I.R in connection with Nowamundi P.S.Case No.11 of 2008, corresponding to G.R. No.121 of 2008 for the alleged offence under Sec. 414/34 of the IPC read with Sec. 33, 41, 42 and 52 of the Indian Forest Act, 1927 (Bihar Amendment, 1989), Sec. 2(ii) of the Forest Conservation Act, 1980 and Sec. 21 of the Mines and Minerals (Development and Regulation) Act, 1957 including the orders dtd. 13/8/2008, 24/10/2008, 2/2/2009 and 27/10/2010 passed by learned Chief Judicial Magistrate, Chaibasa, pending in the court of learned Chief Judicial Magistrate, Chaibasa. The order taking cognizance dtd. 18/7/2012 is also under challenge.

(3.) The FIR was registered alleging therein that the informant pursuant to the direction of the DIG, Kolhan Area, Chaibasa along with the police force had taken steps for prevention of illegal mining of iron ore. It was further alleged that during the course of the inspection on 26/2/2008 when the informant reached the plot of M/s Swati Screening Plant, the labourers working in the said plot fled away from there and inspite of calls, nobody turned up. It was further alleged that about 6.30 p.m., one of the directions of M/s Swati Screening Plant namely, Sanjay Agarwal @ Sanjay Sarayan (petitioner no.2) came and informed that he will provide necessary papers relating to screening activity in the aforesaid plot within one week. It was further alleged that till 7/3/2008 no documents were produced by the aforesaid director of M/s Swati Screening Plant due to which the informant came to the conclusion that M/s Swati Screening Plant is carrying out the work of screening of iron ore in the aforesaid plot illegally. Under the circumstances the informant along with necessary police force raided the premises of M/s Swati Screening Plant and in the presence of the witnesses, a seizure list was prepared and it was further alleged that the director of M/s Swati Screening plant had committed offence under Sec. 414/34 of the Indian Penal Code read with Sec. 33,41, 42 and 52 of the Indian Forest Act, 1927, Sec. 2(ii) of the Forest Conservation Act, 1980 and Sec. 21 of the Mines and Mineral( Development and Regulation) Act, 1957.