BABUBHAI KANJIBHAI SIROYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is moved under Section 482 of the Code of Criminal Procedure, 1973 (for Short 'Code') with a prayer to quash and set aside the complaint being II-C.R. No.17/2017 dated 18.05.2017 under Sections 3, 5, 6 and 13 of Gujarat Minerals (Prevention of Illegal Mining, Transportation And Storage) Rules, 2005 and Sections 4(1-A) and 21 of the Mines And Minerals (Development And Regulations) Act, 1957 (for short 'MMRD Act'), registered at Gir Gadhada Police Station, culminated as Criminal Case No.1894/2017 before the Judicial Magistrate, First Class, Gir Gadhada.

(2.) The F.I.R. has been lodged by respondent no.2 Assistant Geologist, Gir Somnath Office, Gir Somnath with allegation that excavation is being carried out in the land belonging to the applicant. Section 379 of the I.P.C. was prayed to be added vide application of A.S.I., Gir Gadhada Police Station and the learned Judicial Magistrate, Gir Gadhada by an order dated 25.09.2017 permitted to add the same in the F.I.R.

(3.) Mr. Dagli, learned advocate for the applicant, submitted that the F.I.R. filed is in context of alleged breach of Section 4(1-A) and 21 of the MMRD Act with breach of Gujarat Mineral Rules. At the end of the investigation, the chargesheet is also filed for the offence under Section 379 of the IPC. Mr. Dagli submitted that the MMRD Act is a special Act where the cognizance is to be taken in accordance to the provisions of Section 22 of the Act and such can be done only after a private complaint by the person authorized on behalf of the Central Government or the State Government. He submitted that the proceedings has arisen out of an F.I.R. filed by the police and in pursuance thereof report was submitted under Section 173 of the Code, therefore, stated that any cognizance on the report would be illegal, unjust and without jurisdiction.