AJAY KRISHNA TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner Ajay Krishna Tiwary has preferred this petition under section 482 of the Code of Criminal Procedure for quashing the order impugned dated 13-9- 1995, 29-3-2004 as well as quashing the First Information Report of Boarijore Police Station Case No. 74 of 1994, pending in the court of Sri Anand Prakash, Judicial Magistrate, Ist class, Godda in which cognizance has been taken for the offence under section 379/411/ 413 of the Indian Penal Code as well as under Rule 40 of the Bihar Minor Mineral Concessions Rules. It was further prayed for quashing the order passed by the Sessions Judge, Godda in Cr. Rev. No. 32 of 2004 on 29-3-2004.

(2.) The point for determination in the present case is as to whether the order taking cognizance by the Chief Judicial Magistrate, Godda on 13-9-1995 under section 379/411/413 of the Indian Penal Code is bad in law as per section 22 of the Bihar Minor Mineral Concessions Rules, 1972 in view of the special provisions of law.

(3.) The brief fact of the case giving rise of the prosecution is that the Officer-in-charge of Boarijore Police Station intercepted Tractor, vide registration No. BHJ-7881 carrying boulders coming from Basmitha. The Officer-in-Charge/informant demanded the relevant paper about carrying the boulders but no document was produced. However, driver of the tractor Prakash Ramani disclosed that the boulders were being carried from Assanbona hillocks to be used in the contract work of REO under the supervision of Junior Engineer Sri Tiwary. He further disclosed that he had already carried ten trips of the boulders. Another person in the tractor disclosed his name as Saheb Ram Soren of village Boarijore, Police Station-Boarijore. He also disclosed the name of the owner of the tractor as Sushil Ramani of village-Gangta, Police Station-Godda, contractor of REO. The tractor laden with boulders was seized in presence of witnesses with a copy of the seizure list to Saheb Ram Soren. The driver as well as Saheb Ram Soren were arrested. The case was instituted against the driver Prakash Ramani, agent Saheb Ram Sore, the junior engineer, Tiwary of REO and owner of the tractor Sushil Ramani. The petitioner, Ajay Krishna Tiwary is said to be junior engineer in the REO.