Imran Ishaak Khandu vs State Of Gujarat
2023 Latest Caselaw 922 Guj

     R/CR.MA/4001/2021                           ORDER DATED: 06/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 4001 of 2021

                                 With
              R/CRIMINAL MISC.APPLICATION NO. 4003 of 2021
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                         IMRAN ISHAAK KHANDU
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MS VIDITA D JAYSWAL(6730) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR JK SHAH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                            Date : 06/02/2023

                         COMMON ORAL ORDER

1. Heard learned advocate for the applicant.

2. Considering the issue involved in the present applications,

these matters are taken up for final disposal forthwith.

3. Considering the judgment of the Apex Court in the case of

State of NCT of Delhi Vs. Sanjay reported in AIR 2015 SC 75,

present applications are partly allowed with a direction that

FIR being C.R.No.11184003200627 of 2020 registered with

Jetpur Pavi Police Station and chargesheet qua provisions of

MMDR Act, 1957 and the Gujarat Minerals (Prevention of Illegal

Mining, Transportation and Storage), Rules, 2005 are hereby

R/CR.MA/4001/2021 ORDER DATED: 06/02/2023

quahed and set aside with a liberty to file a complaint before the

Competent Court in accordance with law. Consequentially,

proceedings of criminal case is quashed qua provisions of MMDR

Act, 1957 and the Gujarat Minerals (Prevention of Illegal Mining,

Transportation and Storage), Rules, 2005. However, it is clarified

that the complaint is directed to be continued qua the provisions

of IPC as invoked by the respondent authority. Accordingly,

present applications are disposed of.

(ILESH J. VORA,J) Rakesh