( 1 ) THE accused petitioner has challenged the proceeding in G. R. Case No. 664 of 1993 arising out of Bhatar Police Station Case No. 42 of 1993 dated 18th May, 1993 under section 21 (2) of the Mines and Minerals (Regulation and Development) Act, 1957 and section 379 of the Indian Penal Code. The said G. R. Case is pending before the court of the learned Sub-Divisional Judicial Magistrate, Burdwan.

( 2 ) THE short background of the case is that the Block Land and Land Reforms Officer, Bhatar, lodged a complaint with the Bhatar Police Station as the Authority under the West Bengal Minor Minerals Rules, 1973 alleging, inter alia, that the accused petitioner has unauthorisedly excavated the land amounting to 55. 582 Cft. of ordinary clay for manufacturing brick without any authorised licence from the government and as such she has contravened section 21 (2) of the Mines and Minerals (Regulation and Development) Act, 1957 and section 379 of the Indian Penal Code, Bhatar Police Station registered the complaint treating it as an F. I. R. being Bhatar P. S. Case No. 42 of 1993 dated 18th May, 1993 and on the strength of the same G. R. Case as aforesaid was start