IN THE HIGH COURT OF JHARKHAND, RANCHI
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                   Cr.M.P. No. 750 of 2014
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        1.Parwej Khan
        2.Satyapal Rawat      .... .... ..... ........ ...Petitioner(s)
                         -- Versus --
        State of Jharkhand & Anr. ......... ..................Opposite Parties
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         CORAM :- HON'BLE MR. JUSTICE P.P. BHATT
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        For the Petitioner(s) :- Mr. Nilesh Kumar, Advocate
        For the State         :- A.P.P.
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03/ 18.11.2014

The present application is filed under Section 482 of the Cr. P.C., 1973, for quashing of the F.I.R. of Sikidiri P.S.Case No.32 of 2013, corresponding to G.R. No.4852 of 2013, for the offence under Rules 54 & 67 of the Jharkhand Mines and Minerals Concession Rules, 2004, and Sections 21A, 31A and 37 of Air (Prevention of Control of Pollution) Act, 1981, now pending in the Court of learned Judicial Magistrate, Ranchi.

Learned counsel for the petitioners makes the following submissions :

(i) that, according to the learned counsel for the petitioners, in view of Section 43(1)(b) of the Air (Prevention & Control of Pollution) Act, 1981 (hereinafter referred to as 'the Act'), the informant ought to have filed complaint instead of lodging the First Information Report;

(ii) that, in view of Section 43 (1)(b) of the Act, the informant ought to give notice to the person who was to be prosecuted 60 days prior in the manner prescribed, but, no such notice was given in the instant case;

(iii) that, in view of Section 37-A of the Act, the Board ought to have at first give notice with direction to close or prohibit or regulation of Industry operation or process;

(iv) that, in view of Section 19 of the Act, the area has not been declared as Air Pollution Control Area;

(v) that, in view of Section 24 of the Act, the criteria of person has been defined for entry and inspection, and

(vi) that, the learned counsel for the petitioners has submitted that in the instant case, Sri Yogendra Baraik (informant) is not the authorized person.

Learned A.P.P. appearing for the State has prayed for four weeks time to take instructions and file counter affidavit and also submitted that let notice be issued upon the opposite party no.2- Assistant Mining Officer, Ranchi.

In view of the above submissions, let notice be issued upon the opposite party no.2, by registered post with A/D as well as under ordinary process, for which, requisites etc., must be filed on or before 21st Nov., 2014.

Notice is made returnable on 8th Jan., 2015. Till 8th Jan.,2015, there shall not be any coercive steps against the present petitioners in connection with Sikidiri P.S. Case No.32 of 2013, corresponding to G.R. No.4852 of 2013, pending in the court of learned Judicial Magistrate, Ranchi.

Put up this case on 8th January, 2015.

(P.P.Bhatt,J) SI