Back
ARUN KUMAR JHA
Bhairab Thakur – Appellant
Versus
State of Bihar – Respondent
Arun Kumar Jha, J.—Cr.WJC No. 544 of 2024 has been filed on behalf of the petitioner, Bhairab Thakur, seeking following relief(s):—
“(i) For issuance of an order, direction or writ including writ in the nature of certiorari quashing the F.I.R bearing the Rudrapur P.S. Case No 124 of 2023 dated 21/10/2023 registered for offences under Section 04/21 Mines And Minerals (Regulation and Development) Act, 1957, MMRD Act 1957 & 56 Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage), Revised Rules 2021 and Section 379/34 of I.P.C.
(ii) For issuance of an appropriate declaration holding that institution of FIR and its investigation by the Police is contrary to the provisions of section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 and rule 61 of the Bihar Minerals (Concession, prevention of illegal mining, transportation & storage) Rules, 2019.
(iii) For issuance of an appropriate declaration holding institution of F.I.R by the Police is totally without Jurisdiction and it is fit to be quashed by this Hon'ble Court.
(iv) For any other relief(s) to which the petitioner may be found entitled in the facts and circumstances of the present case.”
The court cannot quash an FIR based on disputed factual claims regarding property ownership. Such issues must be adjudicated in a full trial, as the writ jurisdiction is not appropriate for resolving....
FIRs against a mineral concessionaire were quashed due to lack of verification and failure to establish cognizable offences, emphasizing the need for proper legal procedures in prosecution.
Cognizance for offenses under the MMDR Act requires an authorized officer's complaint, not a police report; theft allegations fail when removal is from one's own land for agricultural purposes.
The court emphasized the distinct nature of offences under the MMDR Act and the IPC, highlighting the interpretation of Section 22 of the MMDR Act and the ingredients constituting the offence of thef....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
