RINKU PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Kalyan Roy, learned counsel for the petitioner and Mr. Shekhar Sinha, learned A.P.P. for the State.

(2.) In this application, the petitioner has prayed for quashing of the entire criminal proceedings in connection with Sariya P.S. Case No. 163/2017, corresponding to G.R. No. 3725/2017, registered for the offences punishable under Sections 175/379/414/411/420/120B/34/406 of the Indian Penal Code, Sections 21A, 21D, 21(6) and 22 of the M.M.D.R., Act, Rule 54 & 4 of J.M.M.C., Rules, and Rule 3, 8 & 9 of Jharkhand Mineral Dealer Rules, 2009.

(3.) The prosecution story in brief is that from 27.12.2017 to 28.12.2017 raids were conducted in various maujas including Bagodih and Urro. Allegation has been levelled that in course of raid it was found that sand was being illegally extracted and deposited on various plots and also being loaded on various trucks illegally. It has been alleged that when the apprehended persons were interrogated on the spot they could not produce any document either in connection with the sand or in connection with the vehicle. Further allegation has been levelled that although the petitioner is a lessee and an area of 4.58 acres has been settled in his favour by the State Government but he was indulging in illegal excavation of sand and storage of sand at different plots which belong to the government and which itself is a violation of the terms and conditions of the mining lease.