CRIMINAL MISCELLANIOUS No.6571 OF 2004 ********** In the matter of an application under Section 482 of the Code of Criminal Procedure. ********** 1. KALYAN KUMAR JHA @ KALYAN JHA alias Kalyan Jha, S/o Sri Chitradhar Jha, R/o Villate- Dhangri, Post – Sohagmare, P.S. Bardaha, District- Araria. 2. Ram Nath Jha, S/o Sri Shambhu Nath Jha, R/o Village- Bakhri, Post- Kursakanta, P.S. Kursakanta, District- Araria. --------------------------Appellants Versus 1. THE STATE OF BIHAR 2. Assistant Mining Officer Purnia. -----------------------Respondents ************ For the Petitioner : For the State : P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The petitioners seek quashing of the order dated 16.2.2004 passed by S.D.J.M., Araria, in G.R. 408/01, Trial No. 980/03 arising out of Sikti (Bardaha), P.S. Case No. 18/2001, by which the Magistrate has refused to discharge the petitioners on an application filed under Section 239 Cr.P.C. 2. On 12.09.2005 the matter was heard in admission and the Assistant Mining Officer, Purnea was impleaded as opposite party no. 2 and was noticed. A submission was advanced on behalf of the petitioners that they had already deposited the royalty amount which was evident from the communication dated 22.3.2001. On the said statement the further proceedings in the court below were stayed, by an order dated 14.11.2005 and the matter was admitted for hearing. Today neither of the parties are present in Court. 3. The case of the informant is that the petitioners were extracting soil for making bricks for commercial purposes without paying royalty to the government and have committed an act punishable under Section 379 I.P.C. It appears from the petition that the petitioners were brickkil owners since 1999 and were paying royalty to the government every year as required in law. It has further been submitted in the petition that in the year 2000-01, the petitioners deposited 2000/- through bank draft dated 25.01.2001 before the Mining Officer, Purnea but due to some personal problem the rest of the royalty amount could not be paid for some time and it was deposited only on 20.3.2001. The said draft for the amount of Rs. 23580/- was returned because instead of the same being issued in the name of Assistant Mining Officer, it was prepared in the name of Mining Officer, Purnea. Thereafter the petitioners again deposited the royalty through Treasury Chalan, which was accepted by the Assistant Mining Officer, Purnea and then he requested the officer-in-charge, Purnea not to proceed any further by letter dated 22.3.2001. However, in the meanwhile without waiting for the end of official year of 2001 the present FIR was instituted by the opposite party no. 2 on 23.2.2001 itself which was evidently arbitrary and against the established rules of procedure. The petitioners, thereafter filed a petition even before the court concerned stating therein that the Assistant Mining Officer, Purnea had already accepted payment of royalty and therefore the proceedings should be dropped which was rejected by an order dated 16.2.2004. 4. On going through the contents of petition, I find that the proceeding in the court below, in the circumstances enumerated above, are a complete abuse of the process of the court and is fit to be set aside. 5. In view of such, this application is allowed and the order dated 16.2.2004 passed by S.D.J.M., Araria, in G.R. 408/01 Trial No. 980/03 arising out of Sikti (Bardaha), P.S. Case No. 18/2001, by which the Magistrate has refused to discharge the petitioners in an application filed under Section 239 Cr.P.C. against the petitioners are quashed. 6. Application is allowed. ( Anjana Prakash, J.) Patna High Court, Patna Dated the 12th July, 2010 NAFR/ Fahad.