Heard Mr. Ashok Kr. Yadav, learned counsel appearing on behalf of the petitioner and the learned A.P.P. appearing on behalf of the opposite party.

In this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with Barwadih P.S. Case No. 26 of 2013 corresponding to G. R. Case No. 284 of 2013 including the order dated 04.03.2013 whereby and whereunder cognizance has been taken for the offences punishable under Section 4/21 of the Mines and Minerals (Development and Regulation) Act 1957 and under Section 4/67 of the Jharkhand Minor Mineral Concession Rules, 2004.

The prosecution story as would appear from the written complaint filed by the Assistant Mining Officer, Latehar before the Officer In-charge, Barwadih Police Station is to the effect that pursuant to the direction of the Deputy Commissioner, Latehar a task force was constituted and a raid was conducted in the premises of the petitioner in Mauza Barwadih Khata No. 50 and Plot No. 61 and 63 which is Gairmajurwa Malik and forest lands and in seven places altogether nineteen thousand six hundred cubic feet stones were recovered. It has been alleged that after reaching the place of occurrence one of the villagers namely Md. Rajaul Haque and a Chowkidar namely, Sunil Paswan had disclosed the owner of the Crusher namely Mahendra Singh (petitioner) who had stored illegal stones in Khata No. 50 Plot No. 61 and 63.

On the basis of the aforesaid allegations, the First Information Report was instituted under Section 4/21 of the Mines and Minerals (Development and Regulation) Act 1957 and Section 4/67 of the Jharkhand Minor Mineral Concession Rules, 2004 and subsequently Sections 379, 411 of the Indian Penal Code and Section 33 of the Indian Forest Act had been added.

In the interlocutory application filed by the petitioner, it appears that during the pendency of the present application the charge-sheet was submitted by the police against the petitioner and based on the charge-sheet vide order dated 04.03.2014 the learned Judicial Magistrate, 1st Class, Latehar was pleased to take cognizance for the offences punishable under Section 4/21 of the Mines and Minerals (Development and Regulation) Act 1957 and Section 4/67 of the Jharkhand Minor Mineral Concession Rules, 2004.

The learned counsel for the petitioner has submitted that the petitioner is engaged in the business of stone crushing for which he has set up a crusher machine and that the petitioner had entered into a mining lease agreement dated 22.07.2008 with the Government of Jharkhand for mining of stones from Mouza Chhechha, P.S. Barwadih, District Latehar in Plot No. 33, Thana No. 29 corresponding to Khata No. 08 having total area of 2.51 acres. It has been submitted that the lease deed executed on 22.08.2008 is valid for a period of 10 years i.e. till 22.08.2018.

It has also been submitted that in order to transport the stones to the place where crusher machine is situated the petitioner was required to obtain Form – Q for the storage of stones and pursuant to the application made by the petitioner certificate has been issued by the Mining Department from time to time. It has also been submitted that the petitioner had duly applied for renewal of license for storage of stones on 31.12.2012 for the period from 01.01.2013 to 31.12.2013. The learned counsel for the petitioner further submits that no objection certificate has also been issued in favour of the petitioner by the Jharkhand State Pollution Control Board vide letter dated 31.01.2013 and the production capacity for the mining stones was permitted to the tune of 1000 cubic feet per day for stone boulders. Not only this the consent to operate the mines have also been permitted vide order dated 14.02.2013. It has further been submitted that no objection certificate dated 15.04.2013 was issued in favour of the petitioner by which consent have been given for setting up a stone crusher in plot no. 63/1667, 1668, Khata No.