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2019 Supreme(Jhk) 715

RAJESH SHANKAR
Biswanath Ghosh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Md. Asadul Haque, Adv.
For the State : Mr. Gouri S. Prasad, A.P.P., Mrs. Lily Sahay, A.P.P.

JUDGMENT :

Both these petitions have been filed for quashing the FIR and the entire criminal proceeding against the petitioners in connection with Maheshpur (Radipur O.P.) P.S Case No. 14/2011 corresponding to G.R No. 68/2011 allegedly lodged for committing offences punishable under Sections 413/414/120B of IPC and rule 54 (appears to have been wrongly mentioned as rule 40) of Jharkhand Minor Mineral Concession Rules, 2004 now pending in the court of C.J.M Pakur.

2. The factual background of the case, as recorded in the self-statement of the informant- Shashi Bhusan Chaudhary, Sub-Inspector of Police who was the then in-charge of Radipur O.P., P.S.- Maheshpur, is that on 30.01.2011, he got secret information that some vehicles of West Bengal had loaded stones from Sundar Pahari Mines area for sale in the market of West Bengal in higher rates without legal papers. The informant after lodging Sanha, proceeded alongwith the police personnel and found the vehicles of West Bengal coming from Sundar Pahari and on seeing the police party, the drivers tried to escape but they were caught. On inquiry, they failed to show any valid paper relating to the loaded minerals and told that on the tel

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