This application under Article 226 of the Constitution of India has been filed for quashing the first information report of Gua P.S. case no.22 of 2008 instituted under sections 420/34 of the Indian Penal Code and also under sections 8/9 of the Jharkhand Minerals Dealers’ Rule read with Mines and Minerals (Development and Regulation) Act, 1957.

The case of the prosecution is that one Raghav Nandan Prasad, District Mining Officer, Chaibasa on receiving information relating to illegal storage of iron ores came along with other Mining Officials as well Sub-Inspector of Police of Barajamda out post near Central Hospital, Barajamda and found iron ore fines/blue dust stored at Noamundi-Barajamda road. On enquiry, it could be known that iron ores taken from the mines situated in the State of Orissa was meant to be transported to Haldia Port still it was stored at Barajamda, though transport permit never permitted storage at Barajamda nor any one had been given licence under the Jharkhand Minerals Dealers’ Rule, 2007 for storage of the iron ores at the place where it was found. However, it could be found that different quantity of iron ores had been stored there by the transport