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Patna High CourtCR. WJC/1236/2019disposed

Shiv Shankar Singh v. State Of Bihar Through The Additional Chief Secretary Deptt. Of Home Govt. Of Bihar Patna

2023-04-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1236 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- ISHIPUR District- Bhagalpur ====================================================== 1.

SHIV SHANKAR SINGH, Son of Late Rajendra Prasad Singh, Resident of Dak Bunglow Road, P.S.- Kahalgaon, District- Bhagalpur, Bihar, permanent resident of village- Nandlalpur, P.O.- Nandlalpur, P.S.- Kahalgaon, DistrictBhagalpur, Bihar. 2.

Manoj Tudu Son of Saheb Tuddu Resident of Mirdhachak, Nandlalpur, P.S.- Kahalgaon, District- Bhagalpur.

3.

Sant Lal Yadav Son of Shyam Lal Yadav Resident of Ward No.14, Mathurapur, P.S.- Kahalgaon, District- Bhagalpur, Bihar ... ... Petitioners

Versus

1.

State of Bihar through The Additional Chief Secretary Deptt. Of Home Govt. Of Bihar Patna Bihar 2.

The Director General of Police, Bihar, Patna. Bihar 3.

The Senior Superintendent of Police, District- Bhagalpur, Bihar. Bihar 4.

The Officer in Charge Cum Investigating Officer Ishipur(Barahat) Police Station, Dist.- Bhagalpur Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Ranjan, Advocate For the Respondent/s :

Mr. M. Nasrul Huda Khan, S.C.-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-04-2023 This application has been filed for quashing of F.I.R. vide Ishipur (Barahat) P.S. Case No. 27 of 2019 registered for the offences under sections 379 & 411 of the Indian Penal Code, under Section 4 and 40 of the Bihar Minor Mineral Concession Rules, 1972, under Section 4, 6 and 8 of the Bihar Minerals (Prevention of Illegal Mining, Transport and Storage) Rules, 2003 and section 15 of the Environment (Protection) Act, 1986.

Patna High Court CR. WJC No.1236 of 2019(3) dt.11-04-2023 2/2 The stage of the case is not known to the parties. The F.I.R. is of the year 2019 and investigation should have proceeded.

In these circumstances, this application is disposed of with a liberty to the petitioners to raise all their grounds at an appropriate stage.

(Sandeep Kumar, J) pawan/- U T