MUNISH KHEMKA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution of India has been filed for quashing the first information report of jagarnathpur P. S. Case No. 36 of 2008 (G. R. No. 202 of 2008) instituted under sections 379/420 of the Indian Penal code and also under Rules 8/9 of the jharkhand Minerals Dealers' Rule read with mines and Minerals (Development and Regulation) Act, 1957.

(2.) THE case of the prosecution is that one raghav Nandan Prasad, District Mining Officer, chaibasa on receiving information relating to illegal storage of iron ores came along with other Mining Officials at Mauza-Karanjia and found iron ore fines/blue dust stored at several places over Hatgamharia-Jaitgarh Road. On enquiry, it could be known thai iron ores taken from the mines situated in the State of Orissa was meant to be transported to Haldia Port still it was stored at Mauza Karanjia which under the challan was not permissible and thereby transporters including the petitioner at whose instance iron ores had been stored have been alleged to have committed offence under Rules 8 and 9 of the Jharkhand minerals Dealers' Rule, 2007 read with Mines and Mineral (Development and Regulation)Act and that apart, they have also been alleged to have committed offence under sections 379/420 of the Indian Penal Code.

(3.) ON the basis of the information given to the Jagarnathpur police, a case was registered as Jagarnathpur Police case No. 36 of 2008 under Sections 379/420 of the indian Penal Code and also under Rules 8 and 9 of the Jharkhand Minerals Dealers' Rule read with Mines and Minerals (Development and Regulation) Act.