Ajay Dubey @ Bablu Dubey vs The State Of Jharkhand
2023 Latest Caselaw 2743 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    W.P. (Cr.) No. 596 of 2022

Ajay Dubey @ Bablu Dubey                              ......      Petitioner
                        Versus

1.The State of Jharkhand
2.The District Mining Officer at Palamau, Medninagar, Palamau
                                              ...... Respondents
                             ---------

CORAM:        HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                           ---------
For the Petitioner : Mr. Kanti Kumar Ojha, Advocate
For the State      : Mr. Ashish Kumar, A.C. to S.C. (Mines)-III

09/Dated: 09/08/2023

This petition has been filed for quashing the F.I.R. bearing Chainpur

P.S. Case No. 67 of 2022 registered for the offences under sections 379, 414/34 of the

Indian Penal Code, 21 of MMDR Ct, 1957 and 54 of JMMC Rules, 2004 and 9(i)/13 of

the Jharkhand Minerals (Prevention of Illegal Transport and Storage), Rules, 2017,

pending in the Court of learned S.D.J.M, Palamau.

2. Mr. Kanti Kumar Oha, learned counsel for the petitioner submits that

MMDR Act is itself Code and unnecessarily Sections of Indian Penal Code has been

added. He submits that only complaint can be maintained so far MMDR Act is

concerned. He submits that in that view of the matter, atleast that part of order may

be quashed.

3. Mr. Ashish Kumar, learned counsel for the respondent-State submits that

the case in hand is fully covered in the light of judgment in the case of " Jayant Vs.

State of M.P. and Another " (2021) 2 SCC 670 wherein para 21.4 it has been

held as under:-

21.4. That in respect of violation of various provisions of the MMDR Act and the Rules made thereunder, when Magistrate passes an Order under Section 156 (3) of the Code and directs the police the In-charge/SHO station of the register/lodge the crime case/FIR in investigation the concerned respect of the violation of various provisions of the Act and the Rules made thereunder and thereafter after sent police station/investigating officer In-charge of the concerned submits a report, the same to the Magistrate concerned as well authorised officer as mentioned in Section 22 of the MMDR will thereafter the authorized officer concerned may file the complaint before the learned Magistrate along with the report submitted by the investigating officer concerned and thereafter it will be open for the learned Magistrate to take cognizance after following due procedure, issue process/summons in respect of the violations of the various provisions of the MMDR Act and the Rules made thereunder and at that stage it can be said that cognizance has been taken by the learned Magistrate."

4. In view of para 21.4 of the aforesaid judgment this petition is being

disposed of. Once the investigation is completed, follow up action shall be taken in the

light of para 21.4 of the said judgment.

5. This petition is disposed of. Pending I.A, if any, stands disposed of.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/