YOGENDRA BARAIK Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This writ petition has been filed for quashing of entire criminal prosecution launched against the petitioner vide Pakur (M) P.S. Case No. 124/2008 corresponding to G.R. No. 369/2008 as well as order dated 13.11.2009, passed by learned Chief Judicial Magistrate, Pakur whereby cognizance for the offence punishable under Sections 419, 420, 467, 468, 409, 120B of the Indian Penal Code and Section 40 of the Mining Act has been taken.

(3.) The prosecution case in brief is that on 14.06.2008, at about 18:30 hrs., the informant who happens to be the Officer Incharge of the Pakur (M) Police Station along with other police officials had proceeded to arrest accused persons wanted in connection with Pakur (M) P.S. Case No. 83/2008. When the informant reached near village Chanchki on Pakur Dhulian Road, he found some persons present on the road and the motorcycle with a bag hanged on its handle, was parked. Laden Sheikh alias Ejajul Sheikh who was sitting on the motorcycle was apprehended and the Police recovered 20 numbers of mining challans kept in the bag for which Laden Sheikh confessed that mining challans were purchased by him for issuing it against transportation of stone chips. The mining challans were issued in favour of Bijay Kumar Ram whose mines were already closed since long.