ASHISH KUMAR AGRAWAL Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This revision petition has been preferred against the order dtd. 23/11/2023, passed by the learned Judicial Magistrate, 1st Class, Garhwa, in Ranka P.S. Case No. 83 of 2022 corresponding to G.R. No. 353 of 2023, whereby the learned court has been pleased to frame the charge under Ss. 379 and 411 of the Indian Penal Code and Sec. 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule-54 of Jharkhand Minor Mineral Concession Rules, 2004 against the petitioner, the case is pending before the same court.

(3.) Learned counsel appearing for the petitioner submits that the F.I.R. was registered by the District/Assistant Mining Officer, Garhwa as against the persons operating the brick-kiln without mining clearances for the offences under Ss. 379 and 411 of the Indian Penal Code and Sec. 4/30 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule-54 of Jharkhand Minor Mineral Concession Rules, 2004. He submits that the petitioner has entered into an agreement with Saheb Mahto, Shiv Mahto and Naresh Mahto for renting 4.16 acres of land at Khata No. 86. Plot No. 827 at village Puregada, P.S. Ranka, District Garhwa for a period of 10 years on a consideration amount of Rs.33,000.00 per year for the purpose of establishing brick kiln. He further submits that subsequent thereto the petitioner has established his brick kiln in the said plot of land and he has applied for necessary clearances and thereafter started the production of bricks. He then submits that upon a secret information, the District / Assistant Mining Officer, Garhwa along with the Sub-Divisional Officer, Ranka, Circle Officer, Ranka and Officer-In- Charge, Ranka Police Station conducted a raid upon the premises and seized 3.50 lakhs of pucca bricks and 3 lakhs of kachha bricks. He submits that on the basis of written information, the FIR has been registered stating that it has come to the knowledge that the brick kiln belongs to Ashish Agrawal and he was operating the same.