Deepak Meragbhai Chavda vs State Of Gujarat
2021 Latest Caselaw 16143 Guj

     R/CR.MA/17948/2021                                ORDER DATED: 13/10/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 17948 of 2021
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                          DEEPAK MERAGBHAI CHAVDA
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR MAHESH POOJARA, ADVOCATE FOR
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MRS KRINA CALLA, APP (2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                Date : 13/10/2021

                                  ORAL ORDER

1. Heard Mr. Mahesh Poojara, learned advocate for Mr. Ashish M. Dagli, learned advocate for the applicant.

2. By way of present application filed under Section 482 of the Code of Criminal Procedure, the applicant has prayed for the following main relief:-

"(B) this Hon'ble Court may be pleased to allow this Criminal Misc. Application by quashing and setting aside the FIR being Cr. No.11185003200708 of 2020 filed before Jam Kalyanpur Police Station, Devbhoomi Dwarka at Annexure-A and further proceedings arising out of same including charge sheet at Annexure-B which is culminated in Criminal Case No.819/2020 pending before the learned JMFC, Jamkalyanpur, Devbhoomi Dwarka and all

R/CR.MA/17948/2021 ORDER DATED: 13/10/2021

the proceedings subsequent to which also be quashed in the interest of justice."

3. Placing reliance on the case of Vishalbhai Rameshbhai Khurana & Anr. Vs. State of Gujarat & Anr. [(2020) 3 GCD 2160], Mr. Poojara submits that, the offence under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 deals with the provisions regarding 'taking of cognizance' and therefore, no Court shall take cognizance of any offence under the Mines and Minerals Act.

4. Having heard learned advocate for the applicant and considering the law laid down by this Court in above cited judgment, it is settled that whether police investigation has been concluded and chargesheet has been filed, it would not be open for the magistrate concerned to take cognizance of the offence on the basis of such reports. However, the magistrate can take cognizance of the offence under the provisions of the Indian Penal Code, 1860.

5. Under such circumstances, Notice, returnable on 03.02.2022. Learned APP waives Notice for the respondent State. Meanwhile, ad-interim relief in terms of para 18(C) is granted. However, the trial Court shall proceed further so far as the other offences registered against the applicant are concerned, in accordance with law.

(ILESH J. VORA,J) TAUSIF SAIYED