IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 586 of 2024 ------ Sitaram Prasad, S/o. Late Kardhani Saw, aged about 50 Years, R/o. Semberburdhni P.O.- Aksi, P.S.- Mahuatand, Dist.- Latehar. … … Appellant(s) -Versus - 1. The State of Jharkhand 2. Kuldeep Munna Bek, S/o. Benedict Bek, R/o. Vill.- Kurund, P.O. & P.S.- Mahuatand, Dist.- Latehar. ... … Respondent(s) ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Appellant : Mr. Yogesh Modi, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl.P.P. For the Resp. No. 02 : Mr. Rajesh Bhushan, Advocate ------ 04/16.01.2025 Heard the parties. 2. The appellant Sitaram Prasad has filed this Criminal Appeal for setting aside the order dated 06.05.2024, passed by Sri Dinesh Kumar Mishra, learned Addl. Sessions Judge-I-cum-Special Judge, SC/ST Act, Latehar in connection with SC/ST Case No. 01/2024 arising out of Mahuadanr P.S. Case No. 90/2022, whereby and wherein, the learned Addl. Sessions Judge-I-cum-Special Judge, SC/ST Act has taken cognizance for the offences under Section 353 of the I.P.C., Section 3(1)(v) of the SC/ST Act, Rule 54 of the Jharkhand Minor Mineral Concession Rules, and Sections 4 & 21 of the Mine and Minerals (Development and Regulation) Act. 3. The appellant is owner of M/s. Priya Stone Mines. He had got mining lease permission for quarrying stone chips on the land in village- Kurund, P.S. No. 153, P.S.- Mahuadanr, appertaining to Khata No. 73 & 15, Plot No. 213 & 162, total area 7.15 acres for the period of three years. 4. It is alleged that the appellant apart from quarrying stone chips on the aforesaid land, also quarried stone chips on the land of Respondent No. 02 namely Kuldeep Munna Bek thus damaging his 2 | P a g e land. It is further alleged that the Respondent No. 02 Kuldeep Munna Bek had protested the activities of the appellant. He also made a complaint to several social organisations and they also opposed the activities of the appellant, the appellant did not pay heed to it and continued quarrying stone chips on the land of Respondent No. 02 Kuldeep Munna Bek. Ultimately, on 09.09.2021, Respondent No. 02 Kuldeep Munna Bek made a complaint before the Deputy Commissioner, Latehar stating that the appellant had quarried stone chips on his raiyati land which was adjacent to the quarrying land of the appellant appertaining to Mauja- Kurund, Khata No. 42, Plot No. 164 total area 1.85 acres. The matter was inquired into by the Circle Amins (Anchal Amins). After verification, a report was filed stating that the appellant had actually encroached the land of Respondent No. 02 Kuldeep Munna Bek and quarried stone chips from there. The report of Circle Amins (Anchal Amins) is on record. Their statements were also recorded during the investigation and they have supported the fact that the appellant had also quarried stone chips on the land of Respondent No. 02 Kuldeep Munna Bek. Several other witnesses have also supported the fact. It has also come in Case Diary that while the verification was being made by the Circle Amins, the appellant fled away from the place of occurrence due to which the verification process was delayed. 5. Learned counsel appearing on behalf of the appellant submitted that the complaint to the Deputy Commissioner, Latehar was made after the lease of the appellant had expired. It was also submitted that the appellant had quarried stone chips on the land which was allotted to him. 6. From perusal of the entire facts, Case Diary and the report of Circle Amins (Anchal Amins), it appears that the appellant had also quarried stone chips from the land of Respondent No. 02 Kuldeep Munna Bek. Prima facie case is made out against the appellant under Section 353 of the I.P.C., Section 3(1)(v) of the SC/ST Act, Rule 54 of the Jharkhand Minor Mineral Concession Rules, and Sections 4 & 21 3 | P a g e of the Mine and Minerals (Development and Regulation) Act. 7. Accordingly, I do not find any illegality in the order dated 06.05.2024 passed by Sri Dinesh Kumar Mishra, learned Addl. Sessions Judge-I-cum-Special Judge, SC/ST Act, Latehar, taking cognizance in this case under the aforesaid Sections. 8. Accordingly, this Criminal Appeal is dismissed. (Ambuj Nath, J.) Rahul/-