Jayeshbhai Jesingbhai Barad vs State Of Gujarat
2021 Latest Caselaw 17123 Guj

     R/CR.MA/19591/2021                                       ORDER DATED: 29/10/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 19591 of 2021
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                           JAYESHBHAI JESINGBHAI BARAD
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
for the Respondent(s) No. 2
PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                      Date : 29/10/2021

                                       ORAL ORDER

Heard Mr. Mahesh Pujara, for Mr. Ashish Dagli, learned counsel for the applicant.

2. By way of this application, the applicant has prayed for quashing of the FIR registered at Una Police Station, Gir-Somnath, for the offence under Sections 379 and 114 of the Indian Penal Code, 1860 and Sections 3 and 21 of the Gujarat Prevention of Illegal Mining Transport and Storage Act and Sections 4(1) and 4(1)

(a) of the Mines and Minerals (Development and Regulation) Act.

3. Learned counsel for the applicant submits that, no cognizance can be taken for the offence under the Mines and Minerals Act except on complaint made by the officer authorized in this behalf by Central of State Government. He also relied upon the judgment of the Apex Court in the case of Union of India Vs. Ashok Sharma and Ors.

4. In that view of the matter, Notice, returnable on 03.03.2022. Learned APP waives Notice for the respondent State. Meanwhile, there shall be no chargesheet so far the offence of Mines and Minerals Act is concerned. However, investigation may

R/CR.MA/19591/2021 ORDER DATED: 29/10/2021

continue and the applicant is directed to cooperate with the investigation. Direct service is permitted.

(ILESH J. VORA,J)

SUCHIT