Gyan Prakash @ Gyan Sinha vs The State Of Jharkhand
2021 Latest Caselaw 4509 Jhar

                                              1

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr.M.P. No. 2369 of 2021

           Gyan Prakash @ Gyan Sinha                        ...... Petitioner
                                   Versus
          The State of Jharkhand.                           ...... Opp. Party.
                           ---------

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---------

For the Petitioner : Mr. Awnish Shankar, Advocate For the State :Mr. Prabir Kumar Chatterjee, Spl.P.P.

......

02/Dated: 30/11/2021 Learned counsel for the petitioner submits that cognizance has

been taken under the Indian Penal Code as well as under section 21 of Mines

and Minerals (Development and Regulation) Act and under Rule 54 of

Jharkhand Minor Mineral Concession Rules, 2004. He submits that so far Mines

Act is concerned, any authorized person is required to file complaint wherein

the case in hand police officer has filed the complaint under the said Act which

is against the mandate of law. He relied on judgment in the case of Dasrath

Yadav Vs. State of Jharkhand (Cr.M.P. No. 867 of 2016).

State is directed to file counter-affidavit within six weeks.

Till the next date, there shall be stay of further proceeding in

connection with Ichak P.S. Case No. 181 of 2014, corresponding to G.R. Case

No. 2425 of 2014 pending in the Court of learned Judicial Magistrate,

Hazaribag.

Post the matter on 09.02.2022.

( Sanjay Kumar Dwivedi, J.) Satyarthi/