YUDHISHTHIR THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision has been filed impugning the order dated 05.06.2017 of learned Additional Sessions Judge-III, Rajmahal in S.T. Case No.247 of 2015 whereby the application filed by the petitioner under Section 227 of Cr.P.C for discharge of the offence under Section 54 of the Jharkhand Mines and Minerals Concessions Rules 2004 and under Section 413 and 414 of Indian Penal Code has been rejected.

(2.) When this petition was filed, this court had directed the learned APP to file the counter affidavit containing the report of the competent authority with respect to the validity of the challan. The counter affidavit has been filed wherein at para 4 it has been stated that the District Mining Officer Sahibganj on verification of challan no. A 5839910 dated 10.09.2012, found the challan to be genuine and valid.

(3.) The allegation is that the petitioners were transporting stone on tractors without a valid challan. Accordingly the police had instituted Taljhari P.S. Case no. 51 of 2012 under Section 413 and 414 of Indian Penal Code and under Section 54 of the Jharkhand Mines and Minerals Concession Rules 2004. It is evident from the counter-affidavit that the stones were being transported on valid challan therefore, the offences under Section 54 of of Jharkhand Mines and Minerals Concessions Rules 2004 and under Section 413 and 414 of Indian Penal is not made out against these petitioners.