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2019 Supreme(Jhk) 162

RONGON MUKHOPADHYAY
Murari Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners:Mr. Kalyan Roy, Advocate.
For the Respondents: Mr. Shekhar Sinha, A.P.P.

JUDGMENT :

1. Heard Mr. Kalyan Roy, learned counsel for the petitioners and Mr. Shekhar Sinha, learned A.P.P. for the State.

2. In this application, the petitioners have prayed for quashing of the entire criminal proceedings in connection with Dhanwar P.S. Case No. 374/2017, corresponding to G.R. No. 3513/2017, registered for the offences punishable under Sections 175/379/414/420 of the Indian Penal Code, Sections 21A 21(6) and 22 of the M.M.D.R., Act, Rule 54 & 4 of the J.M.M.C., Rules.

3. The prosecution case arising out of the First Information Report is that on 08.12.2017 a raiding team was constituted with respect to illegal extraction and transportation of sand and during the course of raid two trucks were apprehended bearing registration nos. BR 01 GC 4796 and JH 02 M 1153, loaded with 1000 CFT of sand each. It has been alleged that on demand no paper could be produced and which ultimately led to institution of Dhanwar P.S. Case No. 374/2017.

4. It has been submitted by Mr. Kalyan Roy, learned counsel for the petitioners that the petitioners are the owner of the trucks which were under the supervision and custody of the drivers and merely on account of being the owner the petiti













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