SURENDRA BARNWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mrs. Rashmi Kumari, learned counsel appearing for the petitioner and Mr. Tapas Roy, learned A.P.P. for the State. The petitioner in this application has prayed for quashing the entire criminal proceedings in connection with Domchanch P.S. Case No. 304 of 2009 registered for the offences punishable under Sections 379, 413 of the Indian Penal Code.

(2.) The prosecution story as would appear from the First Information Report instituted by the Assistant Mining Officer, Koderma is to the effect that it was detected that the petitioner was involved in storing stone and had established crusher machine without there being any licence issued by the Inspector of Factories or a no objection certificate from the Pollution Control Board.

(3.) Learned counsel for the petitioner has submitted that admittedly there is no seizure of the stones which were alleged to have been found and which forms the subject matter of the case and in such circumstance no case under Sections 379, 413 of the Indian Penal Code is made out. It has also been submitted that an application was made before the Factory Inspector to run the business of stone crusher and, accordingly, a factory licence was issued on 11.08.2009. Learned counsel further submits that for the purposes of running the crusher machine the Assistant Mining Officer, Koderma had also issued a licence being Licence No. 76 of 2009 dated 31.07.2009. It has been submitted that so far as the Jharkhand Minor Mineral Concession Rules, 2004 is concerned, Rule 67 of the said Rules is not applicable in the facts and circumstances of the present case and it has, therefore, been prayed that since no offence is made out as against the petitioner the entire criminal proceedings instituted deserves to be quashed and set aside.