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BIBEK CHAUDHURI
Sanjay Singh @ Sanjay Kumar, S/o. Late Indra Prasad Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Bibek Chaudhuri, J.)
1. This is an application under Section 482 of the Code of Criminal Procedure, filed by the petitioner, praying for quashing of the order of cognizance, dated 26th of September, 2017, passed by the learned Sub-divisional Judicial Magistrate, Patna in connection with Digha P. S. Case No. 60 of 2017, T.R. No. 3046 of 2017 (Corresponding to G. R. No. 1868 of 2017), whereby and whereunder cognizance was taken under Section 384 of the Indian Penal Code read with Sections 4 and 40 of the Bihar Minor Mineral Concession Rules, 1972 and Sections 3 and 4 of Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003.
2. Digha P. S. Case No. 60 of 2017 was registered on the basis of a written complaint submitted by one Pappu Kumar that two boats of mixed red sand were being uplifted without any pollution certificate having been granted in his name, and capacity of each boat is approximately about 1600 cft. to 2200 cft. and 600 cft. to 1200 cft., respectively, at the instance of one Sajay Singh, receiving Rs. 500/-to Rs. 1,000/-per boat as rangdari. The informant also alleged that after receiving the said information, he along with his 5
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