NEUTRAL CITATION
R/CR.MA/21743/2021 ORDER DATED: 26/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 21743 of 2021
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JAYDIPSINH NATUBHA PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1,2,3,4,5
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 26/09/2023
ORAL ORDER
1. This application is filed under Section 482 of the Code of Criminal Procedure, 1973 (`the Code' for short) for the following prayers:
"14(A) Admit this Misc.Cri.Appln.;
(B) Your Lordships be pleased to allow this petition by quashing and setting aside the FIR being C.R.No.11211045210330/2021 dated 16-11-2021, with Sayla Police Station, for the offence punishable u/s 379, 186, 504, 506(2), 114 of IPC and Sec.177 & 184 of Motor Vehicles Act, and Sec.3(2)(e) of Damage to the Public Property Act and Sec.4(1), 4(1)(A), 21(1), 21(2), 21(4), 21(6) of The Mines and Minerals (Regulation and Development Act, 1957, filed Page 1 of 7 Downloaded on : Wed Sep 27 20:45:03 IST 2023 NEUTRAL CITATION R/CR.MA/21743/2021 ORDER DATED: 26/09/2023 undefined by the respondent no.2;
(C) Pending admission and final disposal of this petition, Your Lordships be pleased to stay the further proceeding of FIR being C.R.No.11211045210330/2021 dated 16-11-2021, with Sayla Police Station, for the offence punishable u/s 379, 186, 504, 506(2), 114 of IPC and Sec.177 & 184 of Motor Vehicles Act, and Sec.3(2)(e) of Damage to the Public Property Act and Sec.4(1), 4(1)(A), 21(1), 21(2), 21(4), 21(6) of The Mines and Minerals (Regulation and Development Act, 1957;
(D) xxxxx"
2. Heard learned advocate Mr.Dagli for the petitioner and learned APP Mr.Dave for respondent no.1-state.
3. Learned APP Mr.Dave has tendered a copy of the report along with the copy of the chargesheet. Learned advocate Mr. Dagli has tendered draft amendment along with the copy of the chargesheet. Draft amendment is allowed. To be carried out forthwith.
4. The amended prayers are as under:
"14(B) YOUR LORDSHIPS be pleased to allow this petition Page 2 of 7 Downloaded on : Wed Sep 27 20:45:03 IST 2023 NEUTRAL CITATION R/CR.MA/21743/2021 ORDER DATED: 26/09/2023 undefined by quashing and setting aside the FIR being 11211045210330 of 2021 registered with Sayla Police Station, SURENDRANAGAR and also this Honourable Court may be pleased to quash and set aside the charge sheet as well as sessions case being Sessions Case No.07 of 2023 pending before the district and sessions court, Surendranagar and also Hon.Court may be pleased to quashed and set aside further proceedings arising out of the said FIR and charge sheet qua the present petitioners in the interest of justice.
(C) Pending admission hearing and final disposal of this petition, Your Lordships be pleased to stay the further proceeding of FIR being 11211045210330 of 2021 registered with Sayla Police Station, SURENDRANAGAR and also this Honourable Court may be pleased to grant stay the sessions case being Sessions Case no.07 of 2023 pending before the district and sessions court, Surendranagar in the interest of justice."
5. Heard learned advocates for the parties. 5.1 Learned advocate Mr.Dagli submitted that prima facie, the complaint is based on the aspect that at the time when the vehicle is intercepted, there were no royalty passes available with the persons who were occupying the vehicle in question. On bare reading of the complaint, the ingredients Page 3 of 7 Downloaded on : Wed Sep 27 20:45:03 IST 2023 NEUTRAL CITATION R/CR.MA/21743/2021 ORDER DATED: 26/09/2023 undefined of the complaint are not satisfied because he was already having royalty passes with him. He has drawn my attention towards the royalty passes issued by the state government and further submitted that therefore entire complaint is filed with some malafide intention and ulterior motive and no offences under Sections 177 and 184 of the MV Act can be made. He has further submitted that as far as the offence under Mines and Minerals Act is concerned, separate mechanism is provided to file complaint at the instance of the authorized officer of the Central Government and the complaint is defined under Section 2(d) of the Code which cannot be termed as FIR and therefore he has submitted that prima facie the FIR which is filed against the present accused persons is not maintainable, more particularly, pursuant to the Sections 379, 186, 504, 506(2) and 114 of IPC and Section 3(2)(e) of Damage to the Public Property Act. He has further submitted that there is bar of Section 195 of the Code as far as the offence under Section 186 of the IPC is concerned and therefore also, the proceedings are not permitted to be proceeded further pursuant to the impugned FIR. He, therefore, prays to quash the complaint in question by relying on the judgment of State of Haryana V/s Bhajanlal & Ors. Reported in AIR 1992 SC 604 and other judgments on the aspect of exercising the powers under Section 482 of the Code.
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6. Per contra, learned APP Mr.Dave has opposed the prayer made by the learned advocate Mr.Dagli and drawn my attention that the said royalty passes were issued after the vehicle is intercepted and it cannot be said that at the time of interception, the royalty passes were with the accused persons. He has submitted that otherwise also, now the chargesheet is filed and all the ingredients of the sections are satisfied in the facts and circumstances of the present case. He has submitted that from the panchanama and other material available on the record, it clearly suggests the involvement of the present accused persons in the commission of offence and therefore the proceedings pursuant to the complaint can be proceeded further as now the chargesheet is filed and therefore this Court should not exercise powers under Section 482 of the Code as prima facie case is made out, which should be otherwise exercised very sparingly.
7. I have considered rival submissions made at the bar and also considered the fact that the impugned FIR is filed under the provisions of the IPC, MV Act, Damage to Public Property Act and Mines and Minerals Act. Considering the fact that now it is well settled that the provisions under Section 379 of the Code and the provisions of Mines and Minerals Act are not required to be considered Page 5 of 7 Downloaded on : Wed Sep 27 20:45:03 IST 2023 NEUTRAL CITATION R/CR.MA/21743/2021 ORDER DATED: 26/09/2023 undefined simultaneously, more particularly, when the complaint is required to be filed by the authorized competent officer under the Mines and Minerals Act, the impugned FIR qua the provisions of Mines and Minerals Act are required to be quashed in view of the judgment in the case of Manjulaben Ramniklal Thanki V/s State of Gujarat, reported in 2019(3) GLR 1786.
8. For the offences under the other provisions, the chargesheet is filed after investigation. Considering the other material like panchanama etc. available on the record, prima facie the offences as alleged in the FIR except the provisions of Mines and Minerals Act are not required to be considered and it is appropriate to consider all the contentions raised by the applicant at the time of trial. I am of the opinion that the trial is required to be proceeded further under the provisions of all the other Acts except the offences under Mines and Minerals Act.
9. Accordingly, the present application is partly allowed to the extent that the offences under Sections 4(1), 4(1)(A), 21(1), 21(2), 21(4), 21(6) of the Mines and Minerals (Regulation and Development) Act, 1957 and Sections 3 and 21 of Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005, 2016 and 2017 in Page 6 of 7 Downloaded on : Wed Sep 27 20:45:03 IST 2023 NEUTRAL CITATION R/CR.MA/21743/2021 ORDER DATED: 26/09/2023 undefined the impugned FIR being FIR No.11211045210330 of 2021 registered with Sayla Police Station, SURENDRANAGAR and the subsequent proceedings pursuant to the same are quashed and set aside qua the applicant. However, the trial shall be proceeded further pursuant to the offences invoked in the impugned FIR under other provisions.
(SANDEEP N. BHATT,J) SRILATHA Page 7 of 7 Downloaded on : Wed Sep 27 20:45:03 IST 2023