RATIKANT BEHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In both the quash-petitions, the petitioners have challenged the entire criminal proceeding including the order taking cognizance dtd. 30/11/2016 in Gurabandha P.S. Case No. 22 of 2016 corresponding to G.R. No. 314 of 2016 now converted into S.T. No. 415 of 2016.

(2.) On the basis of a written report dtd. 2/9/2016 of Officer Incharge, Gurabandha P.S., a First Information Report has been lodged for the offences punishable under sec. 413, 414 IPC, under sec. 33 of the Indian Forest Act, 1927 and under sec. 4/21 of M.M.D.R. Act, 1957. Four persons were arrested at Tetuldanga Chowk in course of a raid conducted on a secret information that some persons are smuggling emerald. The petitioners are those who were arrested on the spot and from their possession emerald stones were recovered. They have disclosed complicity of other four persons who somehow escaped from the spot. After investigation, a charge-sheet has been submitted against these accused petitioners and Vishwajit Dubey who was also arrested on the spot. Investigation in respect of other four persons were kept pending at that time.

(3.) By an order dtd. 30/11/2016, the learned Magistrate has taken cognizance of the offences punishable under sec. 413, 414 IPC, under sec. 33 of the Indian Forest Act, 1927 and under sec. 4/21 of M.M.D.R. Act, 1957.