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TMI Blog2023 (4) TMI 478X X X X Extracts X X X X X X X X Extracts X X X X ..... and other accused persons. The scheduled offence stated in Para-2 of the prosecution complaint is Section 120B IPC which was invoked in FIR No.85 of 2020 and Section 384 IPC in FIR No.146 of 2021 against this petitioner and others u/s 323,341,504, 384,34 of IPC and Section 3(1)(S)(1)(R) SC/ST Act. During further investigation, offences under Section 307, 384, 120B IPC along with under Section 27 of the Arms Act was also identified to be registered against the accused persons and the same have been merged with on-going investigation in ECIR No.03 of 2022 for holistic investigation. 3. The brief facts of FIR bearing No.85 of 2020 dated 22.06.2020 u/s 147, 149, 341, 342, 323, 379, 504, 506 r/s 120 B of the IPC against this petitioner and others, lodged by Sri Shambhu Nandan Kumar is that he was threatened and obstructed by the accused persons including this petitioner from participating in tender for Barharwa Toll. It is alleged that the complainant was asked by the accused/ petitioner over phone for not participating in the tender process. When he refused, he was attacked by the mob at the behest of the petitioner. Investigation conducted by the Enforcement Directorate revealed tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Code and name of this petitioner and one Alamgir Alam was dropped as they were not sent up for trial. 11. It is further submitted that a protest petition was filed by the informant, but the protest petition was rejected vide order 07.09.2022 by the learned court below. 12. It is submitted that in the FIR being No.146 of 2021 also final form was submitted being No.52 of 2022 on 17.05.2022 as case was found not be true and official complaint was filed for initiating prosecution under Section 182, 211 IPC against the informant of the said case. 13. Against this background, it is submitted that existence of FIR or Complaint or a Police report under Section 173 Cr.P.C. is sine-qua-non for registering an ECIR which is altogether absent in the present case. The cases for predicate offence on the basis in which earlier the present ECIR has been registered has ended in final form against this petitioner and on the date of registration of ECIR dated 08.03.2022 there did not exist any police report with respect to the scheduled offence. 14. Reliance is placed on the ratio decided in the case of Vijay Madanlal Choudhary and Ors., vs Union of India and Ors, 2022 SCC Online SC 929 at para ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... balance of Rs. 33, 38, 727.78 that has been seized and frozen was the account in which the cash was deposited of the rent received from the engineering equipment being operated by the petitioner and also from the agricultural income. A presumption cannot be drawn that the deposits received in these accounts were crime proceeds. 17. None of the movable assets seized belonged to the petitioner. 18. It is contended that the deposits in the bank were income from legitimate source from the rental obtained by giving on hire the poclain machine, agricultural income, the income from the contract works in the name of the Tirupati construction and the income from the business of trading purchase of stone chips and boulders from Bhagwan works during check period 2021 - 2022. 19. It is submitted on the health ground that the petitioner is a patient of Type-2 ( Diabetes) and suffering from a long history of abdominal pain since at the age of 12 years, as such, he needs urgent medical treatment regarding which medical papers have been enclosed. He is suffering from severe disease, such as, Pancreatitis, fatty liver. It is submitted that the petitioner was referred for treatment at CIP, Kanke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nmental norms. In this process, hills are blown-up. To remedy the problem, the Tribunal passed several orders in last three years including prohibiting illegal mining and non-compliant stone crushing activities vide order dated 06.07.2017 followed by order dated 17.04.2018. Finally, a committee was constituted comprising (a) Senior Scientist/Engineer from CPCB (b) Regional Office, EZ, MoEF&CC, Bhubaneswar and, (c) Experts from SEIAA and Jharkhand State PCB to undertake study and give a report. The Joint Inspection Committee in its report observed illegal mining across the Rajmahal Hills, Sahibganj in O.A. 23/2017/EZ and O.A. 776/2018. On 15.11.2021, in this illegal mining activity, several F.I.Rs. have been lodged for offence under Sections 411, 414 of I.P.C. along with various Sections of I.P.C. as well as offence under Sections 3, 4, 5 of Explosive Substance Act which are schedule offences under PML Act. These are testimonies to the facts of illegal mining were committed and crime proceeds from it were being laundered. 26. This line of argument is submitted in reply to the plea on behalf of petitioner that final form has been submitted against him in two of the cases namely F.I. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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