Allahabad High Court
Rafiquddin vs State Of U.P. And Another on 3 February, 2023
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 67
Case :- APPLICATION U/S 482 No. - 565 of 2023
Applicant :- Rafiquddin
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Saket Jaiswal
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Sri Saket Jaiswal, learned counsel for the applicant, learned AGA for the State and perused the record.
The prayer sought by the applicant is to quash the entire proceeding of case no. 957 of 2022 pending in the court of learned CJM, Mahoba, arising out of case crime no. 129 of 2022, under Sections 379, 411 IPC, Section 4/21 Mines and Minerals (Development & Regulation) Act, 1957, and Section 2/3 Prevention of Damage to Public Property Act, 1984, P.S. Kabrai, District Mahoba and also quash the impugned charge sheet dated 17.10.2022.
Submission made by the learned counsel for the applicant is that the FIR was registered on 20.05.2022 under the aforesaid sections of the IPC and other allied sections by one Rajesh Kumar, Mining Inspector, Collectorate, Mahoba against the owner of the Truck No. UP91T 3758, driver of the aforesaid truck and owner of the crusher. This FIR was registered under the aforesaid sections of the IPC and other allied sections relating to Mines and Minerals (Development & Regulation) Act, 1957 and Prevention of Damage to Public Property Act, 1984.
Learned counsel for the applicant has drawn the attention of the Court to Section 22 of the Mines and Minerals (Development & Regulation) Act, 1957, which speaks as such:-
"22. Cognizance of the offence- No court shall take cognizance of any offence punishable under this Act or any rules made thereunder, except upon complaint in writing made by a person authorized in this behalf by the Central Government or the State Government."
In addition to above, learned counsel for the applicant has relied upon the judgements of this Court in the case of Nawab Ali and 2 others Vs. State of U.P. and another in Application U/S 482 No. 19984 of 2020, deiced on 19.08.2021 and in the case of Imran and 3 others Vs. State of U.P. and another in Application U/S 482 No. 16700 of 2019 decided on 10.07.2019, in which identical case was deiced by the coordinate Bench of this Court.
I have perused both the judgment and I find that while deciding the judgment of this Court in the case of Imran (Supra), the Court has concluded its judgment in paragraphs 38 and 39, which reads as under:-
"38. Accordingly, further proceeding of criminal case no. 1520 of 2018 pursuant to impugned charge-sheet dated 14.04.2018 arising out of case no. 461 of 2017 so far as offence under Section 4/21 of the Mines and Minerals (Develpment and Regulation) Act 1957 only is hereby quashed with liberty to the prosecution/officer concerned to file compliant against the applicants under the Mines and Minerals (Development and Regulation) Act 1957.
39. It is made clear that so far as order taking cognizance under Section 147, 148, 149, 336, 353, 307, and 379 under the Indian Penal Code are concerned, that has not been interfered by this Court and the concerned court below is at liberty to proceed in accordance with law against the applicants pursuant to charge-sheet dated 14.04.2018."
Thus, taking the guidance from the above judgements, so far as the charge sheet submitted under Section 4/21 Mines and Minerals (Development & Regulation) Act, 1957, and Section 2/3 Prevention of Damage to Public Property Act, 1984 is hereby quashed. However, it is made clear that Court has not passed any order with regard to the submission of charge sheet under Sections 379 and 411 IPC against the applicant.
The opposite party no.2 is at liberty to take recourse of the procedure laid down under the Mines and Minerals (Development & Regulation) Act, if they want to prosecute the applicant under the Mines and Minerals (Development & Regulation) Act and Prevention of Damage to Public Property Act, 1984.
With this observation, the present 482 Cr.P.C. application stands dispose of.
Order Date :- 3.2.2023
Abhishek Sri.
