Cr. Misc. Nos. 26209 and 31771/2002. Case: Vijay Kumar Singh and Ors. and Krishna Kamal Prasad @ Krishna Kant Prasad and S.K. Gupta Vs The State of Bihar and Anr.. High Court of Patna (India)
| Case Number | Cr. Misc. Nos. 26209 and 31771/2002 |
| Judges | S.C. Jha , J. |
| Issue | Factories Act, 1948 - Sections 2, 6, 7, 92, 105, 106, 119; Bihar Factory Rule, 1950 - Rules 3, 3A, 4, 5, 11; Mines and Minerals (Development and Regulation) Act, 1957 ;Mines Act, 1952 - Section 2; Bihar Minor Mineral Concession Rules, 1972 - Rules 9, 21 |
| Citation | 2007 (1) BLJR 65, 2007 (113) FLR 137, 2007 (2) LLJ 1015 Pat, 2007 (1) PLJR 389 |
| Judgement Date | November 14, 2006 |
| Court | High Court of Patna (India) |
Judgment:
S.C. Jha, J.
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Heard the parties.
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Both these two applications having similar nature are heard together and being disposed of by this common order.
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These two applications are for quashing the orders dated 10.6.2002 passed by the Chief Judicial Magistrate, Rohtas at Sasaram, in Official Case Nos. 67/2002 8. 68/2002, whereby cognizance has been taken for the offences under Sections 6 and 7 of the Factory Act punishable under Section 92 of the Factory Act against these Petitioners.
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Prosecution case in short is that these Petitioners have violated the provisions of Section 6 read with Section 7 of the Factory Act and Rules 3, 3A, 4 and 5 of Bihar Factory Rule, 1950.
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It is stated that on 6.9.1999 a lease deed was executed in Form-D under Rule 21 of Bihar Minor Mineral Concession Rules, 1972 in favour of Petitioner No. 1 and Petitioner No. 2 (Names of all the petitioners as also the facts have been taken from Cr. Misc. No. 26209/2002) by the authorised authority of O.P. No. 1 by which mining lease for sand stone in respect of 3.50 Acres of land situated at Mouza-Basa, Plot No. 723(Part) registered District Rohtas, bearing Cadestra-1 Survey No. 221 for a period of ten years with effect from 27.9.1993 to 26.9.2003 and as such they became mine owner for extracting the above said Mineral from the aforementioned Mines. They have nothing to do with Plot No. 722. Similarly, a lease deed was also executed in favour of Petitioner No. 3 Ram Chandra Razak on 12.11.1990 for a period of ten years with effect from 18.2.1990 by O.P.No. 1 in respect of mining lease for sand of 1.6 Acres of land at Mauza-Basa, Plot No. 723, registered District Rohtas which expired on 17.2.2000 and since then he is not operating mining work there. He has nothing to do with Plot No. 722.
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Likewise, another lease deed was executed in Form-D in favour of Petitioner Nos. 4 and 5 in respect of 1.15 Acres of land at Mauza Basa and Fazilpur for sand stone which expired on 3.5.1994 and for that they are not doing any mining operation in the above lease hold area.
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Similarly, another lease deed was executed on 22.11.1994 in Form-D in favour of Petitioner No. 6, namely, Kashi Nath Ram for mining lease for sand stone in respect of 0.75 Acres of land situated at Mouza-Basa, Plot No. 723, District Rohtas, for a period of ten years with effect from 27.4.1993, He has nothing to do with Plot No. 722.
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In the same way, another lease deed was executed in the above said rule...
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