Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14537 of 2010 ========================================================== 1. Kundan Kumar S/O Virendra Prasad Verma R/O Moh.-Teliapatti, P.S.- Motihari Town, Dist.-East Champaran, At Present Posted As Divisional Forest Officer, Munger Forest Division. Munger. 2. Vijayendra Dutta Mishra S/O Late Maheshwari Dutta Mishra R/O Moh.- Shivpuri, P.S.-Shastrinagar, Dist.-Patna, At Present Posted As Assistant Conservator of Forests, Munger Forest Division, Munger. 3. Nitya Nand Das S/O Late Nagendra Lal Das R/O Vill.-Balour, P.S.- Manigachi, Dist.-Darbhanga, At Present Posted As Range Officer Of Forest, Dharhara, Munger. .... .... Petitioners. Versus 1. The State of Bihar 2. Officer In Charge, Dharhara Police Station, Munger. .... .... Opposite Parties. with Criminal Miscellaneous No. 14626 of 2010 ========================================================== 1. Kundan Kumar S/O Virendra Prasad Verma R/O Moh.-Teliapatti, P.S.- Motihari Town, Dist.-East Champaran, At Present Posted As Divisional Forest Officer, Munger Forest Division, Munger. 2. Vijayendra Dutta Mishra S/O Late Maheshwari Dutta Mishra R/O Moh.- Shivpuri, P.S.-Shastrinagar, Dist.-Patna, At Present Posted As Assistant Conservator of Forests, Munger Forest Division, Munger. 3. Nitya Nand Das S/O Late Nagendra Lal Das R/O Vill.-Balour, P.S.- Manigachi, Dist.-Darbhanga At Present Posted As Range Officer Of Forest, Dharhara, Munger. .... .... Petitioners. Versus 1. The State Of Bihar 2. Officer In Charge, Dharahara Police Station, Munger .... .... Opposite Parties. with Criminal Miscellaneous No. 14548 of 2010 ========================================================== 1. Kundan Kumar S/O Virendra Prasad Verma R/O Moh.-Teliapatti, P.S.- Motihari Town, Dist.-East Champaran, At Present Posted As Divisional Forest Officer, Munger Forest Division, Munger. 2. Vijayendra Dutta Mishra S/O Late Maheshwari Dutta Mishra R/O Moh.- Shivpuri, P.S.-Shastrinagar, Dist.- Patna. At Present Posted As Assistant Conservator Of Forests, Munger Forest Division, Munger. 3. Nitya Nand Das S/O Late Nagendra Lal Das R/O Vill.-Balour, P.S.-Manigachi, Dist.-Darbhanga At Present Posted As Range Officer of Forest, Dharhara, Munger. .... .... Petitioners. Versus 1. The State Of Bihar 2. Officer In Charge, Mufassil Police Station, Munger. .... .... Opposite Parties ========================================================== 2 Appearance : (In Cr. Misc. No. 14537 of 2010) For the Petitioner/s : Mr. Alok Kumar Shahi, Advocate. Mr. Archana Sinha, Advocate. Mr. Ajit Kumar, Advocate. Mr. Alok Kumar Shahi, Advocate. For the Opposite Party/s : Mr. Nand Kumar, A.P.P. (In Cr. Misc. No. 14626 of 2010) For the Petitioner/s : Mr. Alok Kumar Shahi, Advocate. Mr. Sandeep Kumar, Advocate. Mr. Archana Sinha, Advocate. Mr. Ajit Kumar, Advocate. Mr. Mukesh, Advocate. For the Opposite Party/s : Dr. Indiwar Kumari, A.P.P. (In Cr. Misc. No. 14548 of 2010) For the Petitioner/s : Mr. Sandeep Kumar, Advocate. Mr. Alok Kumar Shahi, Advocate. Mr. Archana Sinha, Advocate. Mr. Ajit Kumar, Advocate. For the Opposite Party/s : Mr. A. Sharma, A.P.P. ========================================================== PRESENT HON’BLE MR. JUSTICE ADITYA KUMAR TRIVEDI A.K. Trivedi, J. Cr. Misc. No.14537 of 2010, Cr. Misc. No. 14626 of 2010, Cr. Misc. No. 14548 of 2010 are interlinked accordingly been heard together with the consent of the parties. Cr. Misc. No.14537 of 2010 has been filed for quashing of FIR of Naya Ramnagar P.S. Case No.48 of 2010 registered under [STATUTE] ., Sections 4,7 of Bihar Mineral Protection Concession Rule 1972, Section 26, 33, 41, 42 of Forest Act. Section 4/40 of Bihar Minerals (Prevention Mining Transportation and Storage Act, 2003). Cr. Misc. No. 14548 of 2010 is for quashing of Munger Mufassil P.S. Case no.52 of 2010 registered under the aforesaid Sections and Cr. Misc. No. 14626 of 2010 relates to quashing of Dharhara P.S. Case No.43/2010 registered under the aforesaid Sections. In all the above referred criminal miscellaneous, petitioners are Kundan Kumar, Vijayendra Dutta 3 Mishra, Nitya Nand Das, forest officials. From plain reading of the FIR of all the three cases, it is evident that Forest Officer, Munger had made some sort of disclosure vide letter no.546 dated 17.02.2010 disclosing therein that local Mafiya are indulged in illegal mining within the Munger Forest Division for which no lease was granted. The S.P., Munger had issued direction vide Letter No.730/confidential dated 19.02.2010 to all the police station for taking appropriate steps in getting the illegal mining stopped at any cost. So far averments of Naya Ramnagar P.S. Case No.48 of 2010 is concerned, the Officer-in-charge had recorded his own fardbeyan disclosing therein that illegal mining was done near old quarry. Office of Forest Department lies few hundred yards there from and so he had opined that aforesaid illegal mining could not be facilitated unless there happens to be connivance of forest official. In likewise manner the allegation has been levelled in Dharhara P.S. Case No.43/2010 which was registered on the self- statement of Manoj Kumar Mahto, Officer-in-charge, after visiting the spot west to Matadih Raghunathpur, found evidence of illegal mining. On query came to know that there happens to be connivance of forest official. So far Mufassil P.S. Case no.52 of 2010 is concerned, it happens to be on the basis of written report submitted by the I.O. Ram Naresh Singh of Mufassil P.S. disclosing therein that during course of, inspection they have intercepted so many truck bearing Registration No.BR 10A 7226, BR 10G 1817, BR 1G 7912, BPI 4010, BHI 5811, WB 23B 1669, BR 52 4294, BR 108 7278, BR1GA 4 3556, BR 17G 5583, HR29D 3176, while two trucks managed to escape bearing registration no.BR14A 588, JH 12A 5720. The Truck drivers escaped there from. Subsequently, the Mining Inspector, Munger also arr

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.