SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) There was a contract between the Panchayath and the petitioner for removing clay from the clay field of the Panchayath. Alleging that the petitioner has removed excess clay, Annexure-I FIR has been lodged in Crime No.323/2015 of the Pozhiyur Police Station against the petitioner by alleging the offences punishable under Sections 379 and 427 IPC and Sections 4(1) and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'the Act').

(2.) It seems that there was a contract between the parties. The allegation is that excess clay was removed. Even though the offences under Sections 379 and 427 IPC have been incorporated, there are no ingredients to invite the said offences.

(3.) The learned counsel for the petitioner has pointed out that proceedings for recovery of the amount in respect of the excess clay removed is pending in the matter.