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

2. The petitioner has challenged the entire criminal proceeding against him in the FIR registered as Boarijore (Lalmatia) P.S. Case No. 94 of 2001, which was instituted for the offence under Sections 379 and 120-B of the Indian Penal Code and Sections 9, 21 and 23 of the Mines and Mineral (Regulation and Development) Act, 1957 (herein after referred to as the 'MMDR Act').

3. Though, the FIR was lodged after an accident in the mines, in which 12 persons, who had unauthorisedly entered the coal mines for committing the theft of coal by illegal mining, lost their lives, but the present FIR has been lodged for loss caused to the State Government due to loss of royalty and theft of coal. It is stated in the FIR that on 26.9.2001, the informant, who was posted as an Assistant Mining Officer, Godda, got the information about the accident, and he reached the place of occurrence, where he learnt that illegal mining was going on in the mines by the outsiders. Alleging that due to the said illegal mining, the Government had suffered the loss of Rs.14.55 lacs to Rs.19.40 lacs by way of royalty and theft of co