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JITENDRA KUMAR
Ravishanker Singh – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J.—The present petition has been filed under article 226 and 227 of the Constitution of India by the petitioners for quashing the Bihta P.S. Case No.433 of 2024 dated 10.05.2024 for the offence punishable under Section 379, 420, 353 read with Section 34 of the Indian Penal Code against nine persons including the petitioners.
2. The factual background of the case is that the aforesaid FIR has been lodged on the written report dated 10.05.2024 by the Mines Inspector, District Mining Office, Patna, alleging that on 10.05.2024, in the course of raid, the raiding party found vehicles overloaded with yellow sand of river sone at the Site Camp Office, Kanhauli of Ceigall Indian Limited., YFR Projects Pvt. Ltd (JV) near Bihta -Sarmera road. After checking of the vehicles, the patrolling team was called from the police station. Some of the vehicles were parked in the police station and the drivers of the rest vehicles had fled away after causing mechanical defects in their vehicles. The vehicles were loaded with about 950 cft yellow sone sand. The registration numbers of the vehicles are as follows:—
(i) BR01GL 9911 16 wheeler hyva truck
(ii) BR01GM 5651 16 wheeler hyva truck
(
A Judicial review of an FIR may dismiss baseless charges if substantial irregularities exist in the evidence and the investigation process.
Discretion in enforcement procedures allows alternative methods of measurement under exigent circumstances, affirming the legality of seizure and penalty despite procedural lapses.
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