H.C. Mishra, J.

Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is aggrieved by the order dated 14.04.2004 / 15.04.2004 passed by the learned Sub-Divisional Judicial Magistrate, Simdega, in G.R. No. 284 of 1999 arising out of Kolebira P.S. Case No. 43 of 1999, whereby the application filed by the petitioner for discharge has been rejected by the Court below.

3. The petitioner has been made accused in Kolebira P.S. Case No. 43 of 1999, corresponding to G.R. No. 284 of 1999 for the offence u/s. 379 of the Indian Penal Code and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (herein after referred to as the “MM(DR) Act”).

4. The F.I.R. was lodged on the basis of the written information given by the Assistant Mining Officer, Gumla, wherein he had alleged that illegally mined Morum and Stones were used in the construction of a road and the co-accused apprehended at the spot informed that the construction of the road was being done by the Contractor, M/s. Vijeta Construction Ltd., Morabadi, Ranchi, and about 200 trips of tractor were used for ferrying the Stones and Morum for laying on the road. On the basis