IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13323 of 2005 GOPAL PRASAD GUPTA, KARWANDIA, ROHTAS. VERSUS 1. STATE OF BIHAR 2. SRI TRIVENI DAS, ASSSTT.MINING OFFICER, ROHTAS, SASARAM. ----------- 5 18.03.2010. Heard learned counsel for the parties. The petitioner prays for quashing order taking cognizance dated 7.6.2002, passed by the Chief Judicial Magistrate, Rohtas at Sasaram in Official case no. 54 of 2002 and also to quash entire proceeding pending against him as the learned Magistrate has issued summons to the petitioner after finding prima facie case under section 379 I.P.C. and under sections 40 and 41 of the Mining Act. The Asstt. Mining officer, Rohtas at Sasaram on inspection report of Departmental Mining Inspector dated 29.5.2002 lodged the instant case on the allegation that he was found indulged in crushing, storing and selling mining stones without obtaining valid permission under Rule 49 of the Bihar Minor Mineral Concession Rules, 1972. Learned counsel for the petitioner submits that no offence under the aforesaid sections would be attracted against him as earlier he had valid licence for crushing and selling stones, but after expiry of the licence, he has stopped the work which would also be evident from the inspection report itself that no crushing machine was found on the spot during inspection. He further submits that several such cases have been instituted in the district of - 2 - Rohtas, in which order taking cognizance under aforesaid sections have been quashed by this Court. A copy of one such order is annexed as annexure 3. The petitioner has also produced a certified copy of order dated 16.3.2009, passed in Cr.Misc.No. 28907/05 analogous with Cr.Misc.Number 28909/05 in which this Court has quashed cognizance order in similar cases. In the result, this application is allowed and the impugned order dated 7.6.2002 taking cognizance of offence u/s 40/41 of the Mining Act and u/s 379 I.P.C. is quashed. Shashi. (Samarendra Pratap Singh,J.)