Jayeshbhai Jesingbhai Barad vs State Of Gujarat
2021 Latest Caselaw 15371 Guj

     R/CR.MA/16710/2021                                ORDER DATED: 30/09/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 16710 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 : 30/09/2021

                                   ORAL ORDER

1. Heard Mr. Ashish M. Dagli, learned counsel 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 C.R.No.I-111/2016 filed before Kodinar Police Station, Gir-

Somnath at Annexure-A and further proceedings arising out of

same including chargesheet at Annexure-B which is culminated

in Criminal Case No.490/2019 pending before the learned JMFC,

Kodinar, Gir-Somnath and all 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. Dagli 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,

R/CR.MA/16710/2021 ORDER DATED: 30/09/2021

no Court shall take cognizance of any offence under the Mines and Minerals Act.

4. Having heard learned counsel 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 12 (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) SUCHIT