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2023 Supreme(Jhk) 1435

SANJAY KUMAR DWIVEDI
Rakesh Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Utkarsh Krishna, Advocate
For the Opposite Party : Mr. Binit Chandra, A.C. to G.A.-III

JUDGMENT :

Heard Mr. Utkarsh Krishna, learned counsel for the petitioners and Mr. Binit Chandra, learned counsel for the State.

2. This petition has been filed for quashing the entire criminal proceeding arising out of Govindpur (Dhanbad) P.S. Case No. 213 of 2022 dated 16.06.2022 registered under sections 379, 411, 414, 34 of the Indian Penal code and section 4 & 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule 7, 9, 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.

3. The F.I.R. has been lodged alleging therein that the informant namely Mr. Mihir Shalkar presently posted as District Mining Officer, Dhanbad has come to the Police Station and submitted the seizure list as well as typed complaint for which the F.I.R. has been lodged in the complaint. It is stated that the District Mining Officer, has seized 2103.50 Ton of raw coal upon the information received that Shivam Coke Pvt. Ltd., the manufacture of hard coke was receiving illegal/theft coal, since the said coal is being sold without using transport challan. On getting such info

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