AWADHESH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. Siddharth learned counsel appearing on behalf of the petitioner and Mr. V. S. Sahay, learned counsel appearing on behalf of the State.

(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Bishunpur P.S. Case No. 22 of 2002 corresponding to G.R. No. 486 of 2002 including the order dated 18.06.2003, whereby and whereunder, the learned Additional Chief Judicial Magistrate, Gumla has been pleased to take cognizance for the offence punishable u/s 379 of the Indian Penal Code (IPC) and Section 21 of the Mines and Minerals (Development and Regulation) (MMDR) Act, 1957.

(3.) THE prosecution story as would appear from the First Information Report (FIR) instituted by the Assistant Mining Officer, Gumla (opposite party No. 2 herein) is that the informant found in course of inspection that illegal mining of bauxite was being carried on by some persons. It is alleged that seeing the informant party, the workers engaged in illegal mining activities fled away and at the place of occurrence 20 M.T. and 40 M.T. of bauxite was found. It is also said that two local persons have stated that Md. Makbul Ahmad Khan and Md. Azibul were committing illegal mining activities and that the petitioner used to purchase the bauxite and transport it to the railways siding, Meral of M/s. HINDALCO Industries, Renukut.