Allowed

Prakash Kumar Hetamsaria v. the State of Jharkhand

Jharkhand HC12 Jun 2024Cr.M.P./259/2023

Case brief

AI extract

What is this about?

Petitioners' vehicles were seized for transporting allegedly stolen sand; a District Mining Officer report found their challans genuine yet they were charge-sheeted under Sections 414/34 IPC and mineral rules. The High Court held no offence was made out and quashed the proceedings qua the petitioners.

What the court decided

AI extract

Prakash Kumar Hetamsaria Vs the State of… — Mining and Natural Resources | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.259 of 2023

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Prakash Kumar Hetamsaria, aged about 62 years, son of Late Shyam Sunder Hetamsaria, resident of Near Hotel Yuvraj Palace, Doranda Bypass, PO & PS – Doranda, District – Ranchi (Jharkhand) 2. Pratik Hetamsaria, aged about 35 years, son of Prakash Kumar Hetamsaria, resident of Near Hotel Yuvraj Palace, Doranda Bypass, PO & PS – Doranda, District – Ranchi (Jharkhand)

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… Petitioners

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Versus

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The State of Jharkhand

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Superintendent of Police, Seraikela- Kharsawan, District… Seraikela-Kharsawan, Jharkhand Opposite Parties

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For the Petitioners : Mr. Amit Kumar Das, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl. P.P.

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:- Heard the parties.

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Mr. Manish Toppo- Superintendent of Police, Seraikella-Kharsawan, is present.

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Learned Spl.P.P. appearing for the State submits that the Superintendent of Police, Seraikella-Kharsawan, has filed a counter-affidavit mentioning therein that both the officers namely Mr. Rajendra Prasad Mahto, Inspector of Police and Mr. Dinesh Thakur, Sub Inspector of Police have been issued the show-cause notices and they have submitted their reply. The matter is being enquired into by the S.D.P.O., Chandil and further course of investigation will be taken after getting the report of the S.D.P.O., Chandil.

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Cr. M.P. No.259 of 2023

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The personal appearance of Mr. Manish Toppo- Superintendent of Police, Seraikella-Kharsawan, is dispensed with.

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This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceedings in connection with Ichagarh P.S. Case No.22 of 2020 corresponding to G.R. No.189 of 2020 including the order dated 15.03.2022 passed by the Chief Judicial Magistrate, Seraikella whereby and where under the learned Chief Judicial Magistrate has taken cognizance for the offences punishable under Sections 414/34 of the Indian Penal Code, Rule 4/54 of the Jharkhand Minor Mineral Concession Rules, 2004 and Rule 9/13 of the Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and the said case is now pending before the learned Chief Judicial Magistrate, Seraikella.

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The brief facts of the case is that Ichagarh P.S. Case No.22 of 2020 corresponding to G.R. No.189 of 2020 was instituted upon the written information submitted by the District Mining Officer, Seraikella-Kharsawan inter alia alleging that one of the 41 Hywa vehicles belonging to the petitioner No.1 bearing registration No. JH01DG 1330 and two of the vehicles of the petitioner No.2 bearing registration No. JH01DV 1254 and JH01DV 2706 were involved in transportation of stolen sand. After registration of the case, police took up investigation of the case. The vehicles were seized. The petitioners made prayer for release of the seized vehicles; in the trial court. One of the investigating officers of the said Ichagarh P.S. Case No.22 of 2020 gave clean chit to the petitioners by forwarding the report submitted by the District Mining Officer, Ranchi wherein the District Mining Officer, Ranchi found the

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Cr. M.P. No.259 of 2023

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challans relating to the minerals namely sand which was seized while being transported, in connection with the said Ichagarh P.S. Case No.22 of 2020 was found to be genuine but still the subsequent investigating officer of the case namely Dinesh Thakur- Sub Inspector of Police of Ichagarh Police Station has submitted a charge-sheet against the petitioners also.

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Vide order dated 11.03.2024, the Superintendent of Police, SeraikellaKharsawan was directed to submit a report as to whether in fact the documents relating to sand which was transported by the said three vehicles were genuine and in case they were found to be genuine then as to why the petitioners who are the owners of the said three vehicles, have been sent up for trial in the Final Form/Report and whether any disciplinary action has been taken against them. On 24.04.2024, the Superintendent of Police, Seraikella-Kharsawan was present in this Court and he was directed to conduct a thorough enquiry and today a counter-affidavit has been filed by the Superintendent of Police, Seraikella-Kharsawan and therein he has admitted that Mr. Rajendra Prasad Mahto, Inspector of Police has given a report on the basis of the report of the District Mining Officer, Ranchi which has shown the challan related to the mineral- sand being transported, to be genuine. It has been mentioned in the said affidavit that the accused got the challans issued in respect of sand from different places such as Marcha (West Bengal), Baranda (Sonahatu, Ranchi), Dumra Site Project (Mandar, Ranchi) to cover the illegally mined sand. The purported challans were treated to be genuine. It has also been mentioned in the said affidavit that show-cause notices have been issued to the said two officers.

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Cr. M.P. No.259 of 2023

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Learned counsel for the petitioners draws the attention of this Court towards the three challans issued by MS Dumaro Sand Mining Project, Mathatoli Chanho, copy of which have been kept at page Nos.26, 27 and 28 of the brief and submits that they are online challans and they bear the vehicle numbers and date to be 22.05.2020 which is one day prior to the same being apprehended between 1:00 am to 3:00 am and there is no material in the record to suggest that any of the three challans kept at Annexure-3 (page-26 to 28) of the brief to be forged or fabricated one and in the absence of the same and more so as there is undisputed report submitted by the District Mining Officer, Ranchi that the said documents were genuine, so still the continuation of the criminal proceeding against the petitioners will amount to abuse of process of law. Hence, it is submitted that the entire criminal proceedings in connection with Ichagarh P.S. Case No.22 of 2020 corresponding to G.R. No.189 of 2020 including the order dated 15.03.2022 passed by the Chief Judicial Magistrate, Seraikella which is now pending before the learned Chief Judicial Magistrate, Seraikella, be quashed and set aside.

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Learned Spl.P.P. appearing for the State however vehemently opposes the prayer of the petitioner to quash the entire criminal proceedings in connection with Ichagarh P.S. Case No.22 of 2020 corresponding to G.R. No.189 of 2020 including the order dated 15.03.2022 passed by the Chief Judicial Magistrate, Seraikella which is now pending before the learned Chief Judicial Magistrate, Seraikella and submits that there are altogether forty one (41) vehicles and documents could by the produced by the petitioners only in respect of three vehicles but there is no material in the record to suggest that the other thirty eight (38) vehicles, were not involved in transporting stolen

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Cr. M.P. No.259 of 2023

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sand. Hence, it is submitted that the prayer of the petitioners ought not be allowed.

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Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the undisputed fact remains that the three challans relating to the three vehicles, as already indicated above in the foregoing paragraphs of this judgment, copy of which has been kept at Annexure-3 (page-26 to 28) of the brief, are genuine. They bear the truck numbers. They are online challans and apart from a bald allegation that the said vehicles were involved in transportation of stolen sand in support of which except for suspicion there is no other material. But in view of the undisputed fact that the said three vehicles were transporting sand on the basis of genuine challans, this Court is of the considered view that none of the offences alleged; have been committed by the petitioners and none of such offence is made out against them. Therefore, continuation of this criminal proceedings against the petitioners will amount to abuse of process of law. Hence, this Court is of the considered view that this is a fit case where the entire criminal proceedings in connection with Ichagarh P.S. Case No.22 of 2020 corresponding to G.R. No.189 of 2020 including the order dated 15.03.2022 passed by the Chief Judicial Magistrate, Seraikella which is now pending before the learned Chief Judicial Magistrate, Seraikella be quashed and set aside qua the petitioners only.

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Accordingly, the entire criminal proceedings in connection with Ichagarh P.S. Case No.22 of 2020 corresponding to G.R. No.189 of 2020 including the order dated 15.03.2022 passed by the Chief Judicial Magistrate, Seraikella

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Cr. M.P. No.259 of 2023

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which is now pending before the learned Chief Judicial Magistrate, Seraikella is

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quashed and set aside qua the petitioners only.

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