IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.54786 OF 2007 1. ARJUN SINGH, SON OF LATE JANARDHAN SINGH, RESIDENT OF VILLAGE MALOKEYA, POLICE STATION DUMARIA, DISTRICT GAYA 2. RAVINDER SINGH, SON OF LATE SUKHDEO SINGH, RESIDENT OF VILLAGE PIPRA, POLICE STATION DUMARIA, DISTRICT GAYA …………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. RAJ KISHORE SINGH, MINING INSPECTOR, DISTRICT MINING INSPECTOR, DISTRICT MINING OFFICE, GAYA ……………………………………………………………………OPPOSITE PARTIES ********** FOR THE PETITIONERS :- MR. SHAJID SALIM KHAN, ADVOCATE FOR THE S T A T E :- MR. JHARKHANDI UPADHYAY, A.P.P. ************* 7 07/02/2011 The petitioner has challenged the order dated 08.10.2007 passed in G.R. No. 708 of 2006/Trial No. 2076 of 2007 by which the Sub Divisional Judicial Magistrate, Sherghati, Gaya has taken cognizance for the offences under Sections 420, 467, 468, 120B/34 of the Indian Penal Code, Section 27 (1)(2) of the Bihar Illegal Mining and Mining Transport Rules. The First Information Report was instituted in which it is alleged that the petitioner i.e. Arjun Singh, son of Janardhan Singh and Ravinder Singh were performing illegal activities by utilizing a crushing machine to crush the stones without a license to do so, On the basis of the said First Information Report, investigation was conducted. On perusal of the case diary, it appears that some of the witnesses have supported the fact that the crushing machine was utilized for illegal mining of stones, whereas others 2 although accepting the allegations that have stated on the date on which the said seizure was made, crushing activities had not taken place, some of the witnesses have stated in favour of the petitioner, whereas one Arjun Singh, son of Ganauri Singh has made a statement that he is the Manager of the owners of the crushing machine, i.e. Bharat Bhushan and Anil Singh. An application was filed for releasing the said crushing machine in favour of the Manager Arjun singh, son of Ganauri Singh on behalf of the minor sons of Bharat Bhushan and Anil Singh. The two aforesaid persons had died during the pendency of this case. A report was called for from the Officer-in-charge of Dumariya Police Station, who reported in favour of Arjun Singh, son of Ganauri Singh. The main contention of the petitioner is that if the stone crushing machine has been released in favour of Arjun Singh, Manager of Bharat Bhushan and Anil Singh, it is completely false to allege that the petitioner was the owner of the crushing machine and was utilizing the machine for illegal purposes. This Court finds it surprising that the Officer- in-charge could have submitted the charge sheet against the petitioner no. 1 and at the same time, held in an enquiry that the stone crushing machine belonged to 3 Bharat Bhushan and Anil Singh. I am also surprised that the Sub Divisional Judicial Magistrate, Sherghati, Gaya without considering the entire gamut of facts could have released the crushing machine in favour of Arjun Singh, son of Ganauri Singh treating the crusher machine to belong to Bharat Bhushan and Anil Singh. The manner in which the investigation has been done, which led to the order of release, raises several doubts regarding the conduct of the Officer-in-charge as well as the conduct of the Sub Divisional Judicial Magistrate, Sherghati, Gaya. Both the facts could not be true. This Court for the present is dismissing this application. The order of this Court may be communicated to the Superintendent of Police, Gaya through fax to consider and examine the facts of this case vis-à-vis the enquiry report submitted by the Officer-in-charge with respect to the stone crushing machine in G.R. Case no. 708 of 2006/Trial No. 2076 of 2007. The matter should also be put up on the administrative side before the concerned Inspecting Judge to conduct enquiry regarding the circumstances which led to the releasing the stone crushing machine. Anand ( Sheema Ali Khan, J. )