PARSURAM BELLANI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) THE petitioners are aggrieved by the order dated 11.07.2001 passed by learned Additional Chief Judicial Magistrate, Pakur, in Pakur P.S. Case No. 311 of 2000, corresponding to G.R. No. 593 of 2000, whereby the Court below has taken cognizance for the offence under Sections 467, 468, 420 and 379 of the Indian Penal Code and Section 40(i) of the Mines Act {Sic. may be under the provisions of Mines and Minerals (Development and Regulation) Act (herein after referred to as the M.M.D.R. Act), or Bihar Minor Mineral Concession Rules}. The petitioners have also challenged the entire criminal proceeding against them in the said case.

(3.) THE F.I.R. brought on record shows that six trucks loaded with minor mineral viz., stone chips, were apprehended by the Mines Inspector, Pakur, while they were being transported on those trucks in excess to the quantities mentioned in the documents relating to their transportation. Alleging that this amounted to the theft of the Government property, the F.I.R. was lodged against the petitioners, being the mining lease holders, and the other accused persons. After investigation, the police submitted the charge -sheet, on the basis of which, the cognizance was taken by the Court below by the impugned order as detailed above.