B. MUTHURAMAN AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing the first information report of Mandu P.S. Case No. 493 of 2008 (G.R. No. 4585 of 2008), instituted under Sections 468 of the Indian Penal Code and also under Rule 9 of the Jharkhand Minerals Transit Challan Regulations, 2005 as well as Section 52 of the Jharkhand Mineral Concessions Rule, 1960 as also under Sections 21 and 23 of The Mines and Minerals (Development And Regulation) Act, 1957.

(2.) THE case of the prosecution is that one Rameshwar Rana Prasad, Assistant Mining Officer, Ramgarh, in course of patrolling and inspection when found coal loaded on 4 trucks without there being transit permit (Form -D) as required under Rule 3 of the Jharkhand Minerals Transit Challan Regulations, 2005 an inquiry was made and it could be known that coal had been loaded at Ghato Colliery belonging to TATA. Thus, it has been alleged that accused persons by indulging themselves, in the manner stated above, have put the State Government to a great loss.

(3.) THE Court, having regard to the provisions of Clause 9 of the Jharkhand Minerals Transit Challan Regulations, 2005, prescribing penalties for transgression of the conditions of the lease in terms of the Act and the Rules, did come to the conclusion that the allegations do constitute offence under the aforesaid Jharkhand Minerals Transit Challan Regulations, 2005 as well as the Mines and Minerals (Development and Regulation) Act, 1957, the special legislation and, thereby, any investigation, inquiry or trial shall be governed, in view of Section 4 of the Code of Criminal Procedure, by the special law and not under general law. In that event, it was held that any prosecution launched by the informant not by way of complaint but by way of information to the police is quite illegal and, thereby, the first information report of Mandu P.S. Case No. 493 of 2008, was set aside vide order dated 16/04/2009.