DEWANTI CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal prosecution and proceeding (including the First Information Report) in connection with Madhupur P.S. Case No.109 of 2021 registered for the offences punishable under Ss. 15 (2), 15 (4) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, Ss. 3/4 of the Prevention of Damage to Public Property Act, 1984 and under Ss. 3/4 of the Explosives Substance Act, 1908 and under Sec. 379/411 of the Indian Penal Code and the said case is now pending in the court of learned Sub-Divisional Judicial Magistrate, Madhupur at Deoghar.

(3.) The allegation against the petitioner is that the petitioner along with coaccused persons knowing that she is likely to cause damage of pipelines laid under Sec. 7 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, damaged the pipeline being used for transportation of petroleum products and gas with the knowledge that such act is imminently dangerous and that may in all probability cause death of any person. The role of the petitioner is specifically alleged that she being the registered owner of the tanker, was facilitating removal of petroleum products from the pipelines laid under Sec. 7 of the said Act by using her tanker.