[ 2025:JHHC:26962] 1 Cr.M.P. No. 2990 of 2019 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2990 of 2019 Raj Kumar Pandey @ Raj Kr. Pandey, aged about 40 years, son of Sri Mahavir Pandey, resident of New Jakanpur, P.O., P.S., GPO, Gardanibag, District-Patna, Bihar. ...... Petitioner Versus The State of Jharkhand ….. Opposite Party For the Petitioner : Ms. Chandana Kumari, Adv. For the State : Mr. Rajesh Kr. Mahtha, Addl. PP P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of CrPC with a prayer for quashing and setting aside the First Information Report along with the entire criminal proceeding in connection with Borio (Jirwabari) P.S. case no. 230 of 2018 involving the offences punishable under Section 379 of IPC, Section 47 of the Mines Minerals (Development and Regulation) Act and Section 3/5 of the Explosive Act. 3. The allegation against the petitioner is that the petitioner was involved in illegal mining at the place of occurrence locality by using explosive illegally. On the basis of the written report submitted by the Circle Officer, Mandro, the police registered Borio (Jirwabari) P.S. case no. 230 of 2018 and took up the investigation of the case. 4. It is submitted by learned counsel for the petitioner that the investigation of the case is going on and the charge sheet has not yet been submitted. It is next submitted by learned counsel for the petitioner that the allegation against the petitioner is false and the [ 2025:JHHC:26962] 2 Cr.M.P. No. 2990 of 2019 petitioner has applied for mining lease. It is next submitted that co-accused Pintu Kr. Yadav and Vivek Kumar Yadav were carrying out the illegal mining, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 5. Learned Addl. PP on the other hand vehemently opposes the prayer of the petitioner and submits that there is direct and specific allegation against the petitioner of being indulging in the commission of theft and illegal mining of minerals, by using the explosive substances illegally, for making explosion to break the hard stones, hence it is submitted that there is ample material in the record to suggest that the petitioner was directly involved in the offence of committing theft of minerals, hence there is no justifiable reason to quash the entire criminal proceeding and the First Information Report in connection with Borio (Jirwabari) P.S. case no. 230 of 2018 and this Criminal Miscellaneous Petition being without any merit, be dismissed. 6. Having heard the submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that there is direct allegation against the petitioner that he was involved in illegal extraction as well as of using tractor by him for transportation of illegally extracted stone and also the investigation of the case is going on. Under such circumstances, this Court is of the considered view that this is not a fit case where the entire criminal proceeding and the First Information Report in connection with Borio (Jirwabari) P.S. case no. 230 of 2018 be quashed and set aside. 7. Accordingly, this Criminal Miscellaneous Petition being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 28th August, 2025 Smita /AFR