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2009 Supreme(Jhk) 544

R.R.PRASAD
B. Muthuraman @ Balasubramanian Muthuraman – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioners: Mr. H.K.Sikarwar For the State : Mr. R.R.Mishra

JUDGMENT :

This application under section 482 of the Code of Criminal Procedure has been filed for quashing of the first information report of Mandu P.S. case no.493 of 2008 (G.R No.4585 of 2008) instituted under section 468 of the Indian Penal Code and also under Rule 9 of the Jharkhand Mineral Transit Challan Regulations 2005 as well as section 52 of the Jharkhand Mineral Concessions Rule, 1960 as also under sections 21 and 23 of the Mines and Minerals (Development and Regulation) Act, 1957.

The case of the prosecution is that one Rameshwar Rana Prasad, Assistant Mining Officer, Ramgarh in course of patrolling and inspection when found coal loaded on 4 trucks without there being transit permit (Form D) as required under Rule 3 of the Jharkhand Minerals Transit Challan Regulations, 2005, an enquiry was made and it could be known that coal had been loaded at Ghato Colliery belonging to Tata. Thus, it has been alleged that accused persons by indulging themselves, in the manner stated above, have put the State Government to a great loss.

On the basis of the information given to the Mandu police, a case was registered as Mandu Police case no.493 of 2008 under the offences mentioned ab

























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