Mereddy Venkata Subba Reddy vs The State Of Andhra Pradesh
2021 Latest Caselaw 1712 AP

          THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

CRIMINAL PETITION No.1714 OF 2021

ORDER:-

A Crime in FIR.No.44 of 2021 was registered against the

petitioner in Kondepi Police Station, Kondepi, Prakasam District

under Section 379 I.P.C and Sections 21(2) of The Mines and

Minerals (Development and Regulation) (MMDAR Act) Act,

1957 and Section 3 of The Prevention of Damage to Public

Property (PDPP Act) Act, 1984. This complaint was made

against the petitioner on the ground that the police caught

some persons illegally transporting four tons of sand in a

trolley and these persons had informed that the sand was

obtained from the petitioner herein who was illegally

excavating the sand in the Atleru brook and selling it in

Kondepi Village, Prakasam District.

2. Aggrieved by the registration of this Crime against

the petitioner, he has approached this Court for quashing the

said complaint.

3. Smt.Marella Radha, learned counsel for the

petitioner relies upon the Judgment of the Hon'ble Supreme

Court in State (NCT of Delhi) Vs. Sanjay1 to contend that if

there was illegal excavation of sand, the same would not

attract the provisions of The Mines and Minerals

(2014) 9 SCC 722

(Development and Regulation) (MMDAR Act) Act, 1957 and

would at best attract the provisions of Section 378 of I.P.C.

4. The present complaint has been filed under

Section 379 of I.P.C read with provisions of The Mines and

Minerals (Development and Regulation) (MMDAR Act) Act,

1957.

5. In the circumstances, this quash petition is partly

allowed deleting Section 21(2) of The Mines and Minerals

(Development and Regulation) (MMDAR Act) Act, 1957 and

Section 3 of The Prevention of Damage to Public Property

(PDPP Act) Act, 1984 from the complaint and restricting the

investigation of offence under Section 379 of I.P.C.

6. Needless to say the Investigating Officer shall

strictly comply with the guidelines prescribed by the Hon'ble

Apex Court in Arnesh Kumar vs. State of Bihar2 and the

procedure prescribed in Section 41-A of Cr.P.C.

Miscellaneous petitions, pending if any, in this Criminal

Petition shall stand closed.

___________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 23-03-2021 RJS

(2014) 8 SCC 273

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

CRIMINAL PETITION No.1714 OF 2021

Date : 23-03-2021

RJS