KANWAR PAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Kanwar Pal Singh, the appellant, impugns the order dated 22 nd July 2019 whereby the High Court of Judicature at Allahabad has dismissed his petition under Section 482 of the Code of Criminal Procedure, 1973 ('Code' for short) for quashing criminal prosecution under Section 379 of the Indian Penal Code, 1860 ('IPC' for short), Rules 3, 57 and 7 of the Uttar Pradesh Mineral (Concession) Rules, 1963, Sections 4 and 21 of the and Minerals (Development and Regulation) Act, 1957 ('Mines Regulation Act' for short), and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 arising out of Crime Case No. 289 of 2018, Police Station Vindyachal, District Mirzapur, Uttar Pradesh. The appellant had also challenged, without success before the High Court, the order dated 8 th February 2019 passed by the Chief Judicial Magistrate taking cognizance and summoning the appellant for trial.

(3.) In brief, the facts of the case are that on the basis of a complaint filed by one Mr. S.K. Pal, Surveyor, Mines Department, District Mirzapur, FIR No. 0289 dated 15th November 2018 was registered at Police Station, Vindyachal, inter alia recording that on 2nd November 2018, during inspection of the mining site in Village Nandni, Tehsil Sadar, District Mirzapur, the Nayab Tehsildar had noticed illegal mining whereupon a report vide letter dated 12 th November 2018 was submitted to the Sub-Divisional Magistrate, Sadar. The appellant is a Director of M/s. Kanwar Enterprises Pvt. Ltd., which was granted rights to excavate sand vide mining lease over Plot No. 2/4, measuring 12.35 acre and Plot No. 2/5 measuring 12.35 acre in Village Nandni. However, it is alleged that the appellant was mining sand outside the permitted area in Village Babhni numbered as 534/2 where he had illegally excavated a pit 50 feet long, 50 feet wide and 2 meter deep. Consequently, the District Magistrate had ordered for immediate registration of the FIR under the aforesaid provisions.