YUNUS KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The prayer in the writ petition is made for quashing of the entire criminal proceeding arising out of Burmu P.S. Case No.20 of 2024 registered under Ss. 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, Rule 4/30/31/32/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Sec. 25 and 21 of Water Pollution Act, 1974 and Air Pollution Act, 1981 pending in the Court of learned Judicial Magistrate, Ranchi.

(3.) The FIR was registered alleging therein that a team which was constituted for the purpose of inspecting brick kiln, has visited village Burmu for the purpose of inspection of different brick kiln situated within Mauza Burmu. It is stated that in course of inspection dtd. 2/4/2024 as many as 17 kilns were inspected and it is alleged that during inspection the consent to operate and license has not been found in the brick kiln of the petitioner. It is also stated that no certificate has been found from the JPCB in respect of the provisions of Air (Prevention and Control of Pollution) Act, 1981. It is also alleged that concerned kiln has not followed the notification of Ministry of Environment Forest and Climate Change dtd. 22/2/2002 and it is further alleged that the required zig zag technique or vertical shaft has also not been found in the brick kiln of the petitioner. On the basis of the said written report of respondent No.3 a case under Ss. 4/21 of Jharkhand Mines and Minerals (Development and Regulation) Act, 1957, Ss. 4/30/31/32/54 of Jharkhand Minor Mineral Concession Rules, 2004 and Sec. 25 and 21 of Water Pollution Act, 1974 and Air Pollution Act, 1981.