ROHITBHAI MANGALBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Public Prosecutor waives service of notice of rule on behalf of respondent-State. With the consent of learned advocates on both the sides, the matter is taken up for final hearing today.

(2.) By way of this petition, the petitioner has prayed to quash and set aside the order dated 14.10.2020 passed by the learned 3 rd Additional Chief Judicial Magistrate, Godhra, Panchmahals below Muddamal Application, as also to quash and set aside the order dated 06.05.2021 passed by the learned 4th Additional Sessions Judge, Panchmahals at Godhra, in Criminal Revision Application No.36 of 2021 and to order release muddamal vehicle, Dumper, being Registration No.GJ-06 AZ-5482 in favour of the petitioner.

(3.) Learned advocate for the petitioner submits that the FIR against the petitioner is registered under Sections 379, 114 and 120B of the Indian Penal Code and under Rule 3, 21 and 22(a) of the Gujarat Mineral (Prevention of Illegal Mining, Transport and Storage) Rules, 2017 and under Sections 4(1-A), 21(1), 21(4) and 21(4A) of the Mines and Mineral (Regulation and Development) Act, 1957. The report in Form-J for the offence under the Mines and Mineral (Regulation and Development) Act. Learned advocate for the petitioner submits that the competent authority is authorised to compound the offence under the Mines and Mineral (Regulation and Development) Act, 1957.