SHYAM SUNDAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India with a limited prayer for release of his dumper bearing registration No. JH -02F -8939 as it was refused to be released by the Chief Judicial Magistrate, Chaibasa in connection with Nuamundi P.S. Case No. 13/07 for the alleged offence against the accusedunder Sections 414/1208 of the Indian Penal Code as also under Section 21 of the Mines and Mineral (Development and Regulation) Act, 1957 (hereinafter referred as MMDR Act). The petitioner further prayed for quashing of the order dated 18.1.2008 passed by the Sessions Judge, Chaibasa in Cr. Revision No. 1 of 2008 upholding the order of the Chief Judicial Magistrate aforesaid.

(2.) THOUGH the petitioner has prayed in the petition also for the quashment of the entire investigation but the same has not been pressed and, it is rejected as not pressed.

(3.) HEARD the learned counsel on behalf of the petitioner as well as Mr. R.R. Mishra, G.P. -II on behalf of the Respondent -State.