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2022 Supreme(Pat) 787

RAJEEV RANJAN PRASAD
Aditya Multicom Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s P.K. Shahi, Sr. Adv., P.N. Shahi, Sr. Adv., Suraj Samdarshi, Avinash Shekhar (in all)
For the State : M/s G.P. Ojha, Saroj Kumar Sharma.
For the Dept. of Mines : M/s Naresh Dixit, Kalpana.

Rajeev Ranjan Prasad, J.—A batch of 28 writ petitions were taken up together on 28.09.2022 for consideration with the consent of learned counsel for the petitioners, State and the Department of Mines. Earlier, on 05.09.2022 Cr.W.J.C. No. 501 of 2021 was heard and judgment was reserved. Later on, considering that all the cases including Cr.W.J.C. No. 501 of 2021 are raising similar issues, this Court heard learned counsel for the parties in all the cases once again on 02.11.2022.

2.These writ petitions question the lodging of the FIRs under Section 379, and other provisions of the Indian Penal Code (hereinafter referred to as the ‘IPC’) as also for the alleged violation of Rule 11, 29(c), 36(3) and 56 and other Rules of the Bihar (Concessions, Prevention of illegal Mining, Transportation and Storage) Rules, 2019 (hereinafter referred to as the ‘Rules of 2019’) and Section 27 of the Minor Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the ‘MMDR Act, 1957’). The FIRs challenged in each of the writ petitions are mentioned hereinbelow in tabular chart wit

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