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2022 Supreme(Pat) 168

PARTHA SARTHY
Aditya Multicom Private Limited – Appellant
Versus
State of Bihar, Through Principal Secretary, Home, Government of Bihar, Old Secretariat, Patna. Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Suraj Samdarshi, Adv.
For the Respondents: Mr. Gyan Prakash Ojha, GA, Mr. Sajal Krishna A.C. to GA

ORDER :

1. Heard learned counsel for the petitioner, learned counsel for the respondent nos. 6 to 9 and learned counsel for the State.

2. The petitioner has filed the instant application for the following reliefs:

    “i) To issue an appropriate writ, order or direction in the nature of certiorari for quashing Dehri(Town) P.S. Case No.407 of 2021 registered on 03.08.2021 for alleged offences under section 379, 411, 420 and 409 of the Indian Penal Code and Rule 39(2), 39(3) and 56(2) of the Bihar Mineral (Concession, Prevention of illegal Mining, Transportation & Storage) Rules, 2019 on the ground that the same is completely illegal and without any authority of law.

(ii) To issue further appropriate writ, order or direction in the nature of mandamus commanding the Respondents 1st Set not to take any coercive steps against the Petitioner in pursuance of Dehri (Town) P.S. Case no.407 of 2021.

(iii) This Hon’ble Court may adjudicate and hold that no cognizable offence is made out against the Petitioner as per the contents of First Information Report and therefore the Petitioner cannot be subjected to criminal prosecution.

(iv) To award the cost of litigation and suitable compensation to the peti

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