SANJAY KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding arising out of Nirsa (Kalubathan) P.S. Case No.265 of 2016 corresponding to G.R. No.3353 of 2016 in which after investigation of the case, police submitted charge sheet inter alia against the petitioner for having committed the offences punishable under Ss. 413, 414, 34 of the Indian Penal Code, under Sec. 30(ii) of Bihar Coal Mines Act, Sec. 4/21 of Mines and Minerals (Development & Regulation) Act, 1957 and Sec. 33(1-B) of Indian Forest Act and basing upon the same, the learned Judicial Magistrate-1st Class, Dhanbad has taken cognizance of the said offences.

(3.) The allegation against the petitioner is that the petitioner being the owner of the brick kiln in the name and style of Jai Maa Tara Industries in furtherance of common intention with the co-accused persons was involved in assisting and concealment of stolen property and habitually dealing with stolen properties by illegally extracting coal by quarrying coal from protected forest area.