Jharkhand High Court
Prakash Kumar Hetamsaria vs The State Of Jharkhand on 12 June, 2024
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.259 of 2023
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1. Prakash Kumar Hetamsaria, aged about 62 years, son of Late
Shyam Sunder Hetamsaria, resident of Near Hotel Yuvraj Palace,
Doranda Bypass, PO & PS - Doranda, District - Ranchi (Jharkhand)
2. Pratik Hetamsaria, aged about 35 years, son of Prakash Kumar
Hetamsaria, resident of Near Hotel Yuvraj Palace, Doranda Bypass,
PO & PS - Doranda, District - Ranchi (Jharkhand)
... Petitioners
Versus
1. The State of Jharkhand
2. Superintendent of Police, Seraikela- Kharsawan, District-
Seraikela-Kharsawan, Jharkhand ... Opposite Parties
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For the Petitioners : Mr. Amit Kumar Das, Advocate
For the State : Mr. Prabhu Dayal Agrawal, Spl. P.P.
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PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
2. Mr. Manish Toppo- Superintendent of Police, Seraikella-Kharsawan, is
present.
3. Learned Spl.P.P. appearing for the State submits that the Superintendent
of Police, Seraikella-Kharsawan, has filed a counter-affidavit mentioning
therein that both the officers namely Mr. Rajendra Prasad Mahto, Inspector of
Police and Mr. Dinesh Thakur, Sub Inspector of Police have been issued the
show-cause notices and they have submitted their reply. The matter is being
enquired into by the S.D.P.O., Chandil and further course of investigation will
be taken after getting the report of the S.D.P.O., Chandil.
4. The personal appearance of Mr. Manish Toppo- Superintendent of
Police, Seraikella-Kharsawan, is dispensed with.
5. This Criminal Miscellaneous Petition has been filed invoking the
jurisdiction of this Court under Section 482 of the Code of Criminal Procedure
with a prayer to quash the entire criminal proceedings in connection with
Ichagarh P.S. Case No.22 of 2020 corresponding to G.R. No.189 of 2020
including the order dated 15.03.2022 passed by the Chief Judicial Magistrate,
Seraikella whereby and where under the learned Chief Judicial Magistrate has
taken cognizance for the offences punishable under Sections 414/34 of the
Indian Penal Code, Rule 4/54 of the Jharkhand Minor Mineral Concession
Rules, 2004 and Rule 9/13 of the Jharkhand Mineral (Prevention of Illegal
Mining, Transportation and Storage) Rules, 2017 and the said case is now
pending before the learned Chief Judicial Magistrate, Seraikella.
6. The brief facts of the case is that Ichagarh P.S. Case No.22 of 2020
corresponding to G.R. No.189 of 2020 was instituted upon the written
information submitted by the District Mining Officer, Seraikella-Kharsawan
inter alia alleging that one of the 41 Hywa vehicles belonging to the petitioner
No.1 bearing registration No. JH01DG 1330 and two of the vehicles of the
petitioner No.2 bearing registration No. JH01DV 1254 and JH01DV 2706 were
involved in transportation of stolen sand. After registration of the case, police
took up investigation of the case. The vehicles were seized. The petitioners
made prayer for release of the seized vehicles; in the trial court. One of the
investigating officers of the said Ichagarh P.S. Case No.22 of 2020 gave clean
chit to the petitioners by forwarding the report submitted by the District
Mining Officer, Ranchi wherein the District Mining Officer, Ranchi found the
challans relating to the minerals namely sand which was seized while being
transported, in connection with the said Ichagarh P.S. Case No.22 of 2020 was
found to be genuine but still the subsequent investigating officer of the case
namely Dinesh Thakur- Sub Inspector of Police of Ichagarh Police Station has
submitted a charge-sheet against the petitioners also.
7. Vide order dated 11.03.2024, the Superintendent of Police, Seraikella-
Kharsawan was directed to submit a report as to whether in fact the documents
relating to sand which was transported by the said three vehicles were genuine
and in case they were found to be genuine then as to why the petitioners who
are the owners of the said three vehicles, have been sent up for trial in the Final
Form/Report and whether any disciplinary action has been taken against
them. On 24.04.2024, the Superintendent of Police, Seraikella-Kharsawan was
present in this Court and he was directed to conduct a thorough enquiry and
today a counter-affidavit has been filed by the Superintendent of Police,
Seraikella-Kharsawan and therein he has admitted that Mr. Rajendra Prasad
Mahto, Inspector of Police has given a report on the basis of the report of the
District Mining Officer, Ranchi which has shown the challan related to the
mineral- sand being transported, to be genuine. It has been mentioned in the
said affidavit that the accused got the challans issued in respect of sand from
different places such as Marcha (West Bengal), Baranda (Sonahatu, Ranchi),
Dumra Site Project (Mandar, Ranchi) to cover the illegally mined sand. The
purported challans were treated to be genuine. It has also been mentioned in
the said affidavit that show-cause notices have been issued to the said two
officers.
8. Learned counsel for the petitioners draws the attention of this Court
towards the three challans issued by MS Dumaro Sand Mining Project,
Mathatoli Chanho, copy of which have been kept at page Nos.26, 27 and 28 of
the brief and submits that they are online challans and they bear the vehicle
numbers and date to be 22.05.2020 which is one day prior to the same being
apprehended between 1:00 am to 3:00 am and there is no material in the record
to suggest that any of the three challans kept at Annexure-3 (page-26 to 28) of
the brief to be forged or fabricated one and in the absence of the same and more
so as there is undisputed report submitted by the District Mining Officer,
Ranchi that the said documents were genuine, so still the continuation of the
criminal proceeding against the petitioners will amount to abuse of process of
law. Hence, it is submitted that the entire criminal proceedings in connection
with Ichagarh P.S. Case No.22 of 2020 corresponding to G.R. No.189 of 2020
including the order dated 15.03.2022 passed by the Chief Judicial Magistrate,
Seraikella which is now pending before the learned Chief Judicial Magistrate,
Seraikella, be quashed and set aside.
9. Learned Spl.P.P. appearing for the State however vehemently opposes
the prayer of the petitioner to quash the entire criminal proceedings in
connection with Ichagarh P.S. Case No.22 of 2020 corresponding to G.R. No.189
of 2020 including the order dated 15.03.2022 passed by the Chief Judicial
Magistrate, Seraikella which is now pending before the learned Chief Judicial
Magistrate, Seraikella and submits that there are altogether forty one (41)
vehicles and documents could by the produced by the petitioners only in
respect of three vehicles but there is no material in the record to suggest that
the other thirty eight (38) vehicles, were not involved in transporting stolen
sand. Hence, it is submitted that the prayer of the petitioners ought not be
allowed.
10. Having heard the rival submissions made at the Bar and after carefully
going through the materials available in the record, it is pertinent to mention
here that the undisputed fact remains that the three challans relating to the
three vehicles, as already indicated above in the foregoing paragraphs of this
judgment, copy of which has been kept at Annexure-3 (page-26 to 28) of the
brief, are genuine. They bear the truck numbers. They are online challans and
apart from a bald allegation that the said vehicles were involved in
transportation of stolen sand in support of which except for suspicion there is
no other material. But in view of the undisputed fact that the said three
vehicles were transporting sand on the basis of genuine challans, this Court is
of the considered view that none of the offences alleged; have been committed
by the petitioners and none of such offence is made out against them.
Therefore, continuation of this criminal proceedings against the petitioners will
amount to abuse of process of law. Hence, this Court is of the considered view
that this is a fit case where the entire criminal proceedings in connection with
Ichagarh P.S. Case No.22 of 2020 corresponding to G.R. No.189 of 2020
including the order dated 15.03.2022 passed by the Chief Judicial Magistrate,
Seraikella which is now pending before the learned Chief Judicial Magistrate,
Seraikella be quashed and set aside qua the petitioners only.
11. Accordingly, the entire criminal proceedings in connection with Ichagarh
P.S. Case No.22 of 2020 corresponding to G.R. No.189 of 2020 including the
order dated 15.03.2022 passed by the Chief Judicial Magistrate, Seraikella
which is now pending before the learned Chief Judicial Magistrate, Seraikella is
quashed and set aside qua the petitioners only.
12. In the result, this Cr.M.P. stands allowed.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 12th of June, 2024
AFR/ Animesh
