INDRAJEET SANYAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties. The points involved in both the writ petitioners are the same and as such both cases were taken up together and are being disposed of by this common order.

(2.) THE facts in short of W.P.(Cr.) No. 142 of 2007 are that on 22.01.2006, an F.I.R. was lodged by one Anand Mohan Singh, Assistant Sub Inspector of Police of Nimdih Police Station, alleging therein that while he was returning after making investigation in a case along with other Police officials he found a Truck bearing No. BR -13/9089 loaded with white stone going on Patherdih Road. He got the Truck stopped but the driver fled away after stopping the said Truck. The labourers on the Truck disclosed that the white stones were loaded from Jhimri forest and that they had no proper documents for the same. The stone loaded in the Truck was seized and the F.I.R. was lodged under Sections 379, 411/34 of the Indian Penal Code and Section 4/21 of the Mines and Mineral (Development and Regulation) Act, 1957.

(3.) IN W.P.(Cr.) No. 233 of 2007, the prayer is to quash the F.I.R. of Shikaripara P.S. Case No. 30/2004 which has been lodged against eight named accused persons under Sections 414/120B of the Indian Penal Code and Section 40(iv) of the Bihar Minor Mineral Concession Rule, 1972 by one Awadhesh Kumar Singh.