IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19241 of 2008 Ram Bhajan Singh Versus State Of Bihar & Anr ---------------------------------- 02. 26.09.2011 This is an application for quashing the order dated 07.6.2002 passed by learned Chief Judicial Magistrate, Rohtas at Sasaram in Official Case No.53 of 2002 whereby and whereunder learned Chief Judicial Magistrate, Rohtas has been pleased to take cognizance under Section 40 and 41 of the Mining Act and under Section 379 of the I.P.C. against the petitioner and others and summons have been issued. Heard learned counsel for the petitioner and learned counsel for the State. For finding storage of stone, petitioner has been made accused for offence under Section 379 of the I.P.C. and Section 40 and 41 of the Mining Act. Submission of learned counsel for the petitioner is that simple storage of stone does not constitute any offence under Section 379 of the I.P.C. and Section 40 and 41 of the Mining Act specifying and referring several decisions made by this Court including in Cr. Misc. No.28907 of 2005, 13323 of 2005 and 21512 of 2002, photo stat copy of orders is there on record to corroborate the submission made by learned counsel for the petitioner as in 2 all the cases, cognizance taken by the Magistrate are quashed. In the result, this quashing application is allowed and impugned order dated 07.6.2002 taking cognizance under Section 40 and 41 of the Mining Act and Section 379 of the I.P.C. is hereby quashed. Vikash ( Mandhata Singh, J.)