RAJEEV RANJAN PRASAD, J.

1. These two criminal writ applications have come up for consideration together on the request of the parties and have been heard and are being disposed off by this common judgment.

2. Cr. W.J.C. No.1910 of 2017 has been filed seeking quashing of the First Information Report (in short 'FIR') being Patliputra P.S. Case No.109 of 2017 instituted under Sections 420, 406 and 379/34 of the Indian Penal Code and section 21 of the Mines And Minerals (Development And Regulation) Act, 1951 (hereinafter referred to as the 'MMDR Act') read with Rule 40 of the Minor Minerals Concession Rules, 1972 (hereinafter referred to as the 'Rules of 1972'). The FIR has been instituted on the written report of the Mineral Development Officer, Muzaffarpur alleging that on 29.03.2017 in course of inspection of the Sand Ghats along with a team constituted for that purpose when the informant reached at Digha-Kurji Balu Ghat it was found that just beside the demarcated area, near Digha-Sonepur under constructed road-cum-rail pul at a distance of about 1.5 km towards east illegal extraction/mining of sand had taken place. It was found that in an area of approximately 800 meters