The order taking cognizance dated 25.06.2011 passed in Pakur[N] P.S. Case No.147 of 2008 [G.R. No.451 of 2008] by the learned C.J.M., Pakur is being sought to be quashed on the ground that there has been no allegation in the First Information Report so far this petitioner is concerned, who at the relevant point of time, happened to be the Assistant Mining Officer. The case has been lodged on the allegation that challan books had never been supplied to him [lessee] rather those challan books which should have been issued to the informant, has been sold to other person, but all those allegations get falsified as during investigation, a number of documents were filed to show that in fact the informant had paid royalty for the period, during which, it is said that the challan books had never been issued to him and that apart other documents are also there to show the culpability of the informant. On the other hand, there has been absolutely no material showing culpability on the part of this petitioner that this petitioner had indulged himself in any manner in selling challan books clandestinely to any one and thereby, the court has committed illegality in taking cognizance of the offence.
