MITHILESH 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. 528 of the B.N.S.S., 2023 with the prayer to quash the entire criminal proceeding instituted against the petitioner including the Charge Sheet No. 01 of 2022 and order dtd. 1/11/2022, passed by the learned Sub-Divisional Judicial Magistrate, Bokaro whereby cognizance has been taken against the petitioner for the offences punishable under Sec. 414/34 of the Indian Penal Code, under Sec. 21 of the Mines and Minerals (Development and Regulation) Act and Sec. 30 of the Coal Mines Act in connection with Chas (M) P.S. Case No. 35 of 2022 corresponding to G.R. Case No. 1115 of 2022, now pending in the court of Sub-Divisional Judicial Magistrate, Bokaro.

(3.) The brief fact of the case is that the petitioner is the driver of the Truck bearing registration no. JH 10-CH 4706 and it is alleged that the said truck was transporting illegally excavated stolen coke dust loaded in the truck weighing about 45 tons.