The High Court of Jharkhand dismissed a writ petition seeking quashing of criminal proceedings for mining offences due to the non-appearance of the petitioners. The court also vacated interim orders.
Petition dismissed for non-prosecution; interim order vacated; pending applications dismissed as not pressed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (Cr.) No. 224 of 2013
… … Respondents ---
CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Petitioners : None For the State : Mr. Shubham Mishra, Advocate ---
09 /13.01.2020
1. Nobody appears on behalf of the petitioners.
2. Learned counsel for the State Mr. Shubham Mishra is present.
3. This petition has been filed for the following reliefs: -
“for issuance of an appropriate writ, writs, order, orders, direction, for quashing of the entire criminal proceeding pending as against them, in connection with C7No. 151(A) of 2010 for the offence registered under Section 4(1A)/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Rules 3 & 9 of the Jharkhand Mineral Dealer’s Rules, 2007, now pending in the court of Sr. V.K. Singh, Chief Judicial Magistrate, Chaibasa.
AND
Further writ, directing the concerned respondent to compound the offence of the petitioners as the offence is compoundable in nature.
AND
2
Further writ directing the concerned respondent to remove the seal of the crusher of the petitioners.
Or
Any other appropriate writ(s) be issued order(s) be passed and direction(s) be made as Your Lordships may deem fit and proper in the interest of justice.”
4. Since nobody is appearing on behalf of the petitioners, the present petition is hereby dismissed for non-prosecution.
5. Interim order, if any, stands vacated.
6. Pending interlocutory applications, if any, are also dismissed as not pressed.
7. Let a copy of this order be communicated to the learned court through ‘FAX’
(Anubha Rawat Choudhary, J.)
Mukul
1 issue framed by the court
Whether a writ petition for quashing criminal proceedings can be decided in absence of the petitioners.
2 provisions across 2 enactments
Ajay Kumar Agarwal
Basant Kumar Singhania
The State of Jharkhand
The District Mining Officer, Chaibasa
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
