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2023 Supreme(Pat) 179

SANDEEP KUMAR
Aman Sethi – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s Sriram Krishna, Amarjeet, Prabhat Kumar Singh.
For the State : Mr. Gyan Prakash Ojha, G.A.-7.
For the Mines Department : M/s Naresh Dixit, Kalpana.

Sandeep Kumar, J. – This application has been filed for quashing of F.I.R. vide Nawada Muffasil P.S. Case No. 11 of 2018 registered for the offence under Section 15 of the Environment (Protection) Act, 1986 and Section 4/40 of the Bihar Minor Mineral Concession Rules, 1972.

2. The petitioner is a leasee, for extracting minor minerals of stones for 5.66 hectare, in Block No.11, Khata No.4256 at village - Badhokora, District- Nawada being the successful bidder. Thereafter, the petitioner started the work in the month of April, 2017 after completing the requisite formalities and obtaining permission from the competent authority. It is alleged that an inspection was made at different projects including the project of the petitioner and during inspection it was found that some environmental clearance as well as terms and conditions of the mining lease/license have been violated. Accordingly, the present F.I.R. has been lodged against the petitioner.

3. Learned counsel for the petitioner submits that in the entire prosecution vague allegation has been made against the petitioner and on the basis of vague allegation the petitioner cannot be prosecuted.

4. In support of above submission, lear

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