Jagveer Singh And Another vs State Of U.P. And Another
2015 Latest Caselaw 2711 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 29068 of 2015
 
Applicant :- Jagveer Singh And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rajesh Pachauri
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Rajesh Pachauri, learned counsel for the applicants, and Sri Vikash Rana, learned AGA appearing for the State and perused the record.

This application has been filed for quashing the impugned charge-sheet dated 21.02.2013, submitted in Case Crime No. 503 of 2012, under Section 3/57/70, of U.P. Mineral (Prevention of Illegal Mining Transportation and Storage), Rules-2002, 4/21, U.P. Mines and Mineral (Regulation and Development), Act 1957, and Section-3, Prevention of Damage to Public Property Act, 1984, Police Station Kosi Kalan, District Mathura, as well as cognizance order dated 05.04.2013, passed by the Judicial Magistrate, Chhata, Mathura. He further prayed for stay the entire proceeding of the aforesaid case.

It is submitted by the learned counsel for the applicants that there are only 15 existing Rules under the Uttar Pradesh Mines (Prevention of Illegal Mining and Transportation and Storage) Rules 2002, and the offences in which the present FIR has been lodged under Section 3/57/70 of the said Rules, and the charge-sheet has also been submitted against the applicant for the offence in question, under the said Act also, though there is no such existing Rules.

After considering the submissions advanced by the learned counsel for the parties, it appears that the contentions which has been raised by the leaned counsel for the applicant has some substance, hence the learned Magistrate is directed to perused the records as well as the said Rules of 2002 and thereafter proceed in accordance with law, and pass appropriate orders within two weeks from the date of production of the certified copy of this order before him.

For a period of two weeks from today, no coercive action shall be taken against the applicant.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 28.9.2015/VKG