NOORMAHMAD (NURABHAI) KALUBHAI SUMRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent State.

(2.) The above applications have been filed under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the following First Information Reports (FIR) and the proceedings initiated in pursuant thereto :-

(3.) Learned Senior Counsel for the applicants Mr. I.H. Syed has relied on the judgment of the Hon'ble Apex Court in the case of Jayant and Others v. State of Madhya Pradesh reported in 2021 2 SCC 670 to submit that the impugned First Information Reports would not be maintainable and the subsequent proceedings are required to be quashed and set aside since the learned JMFC, Sutrapada would not have any jurisdiction / authority to take cognizance in the matter as the proceedings are barred before the learned JMFC as Sec. 22 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to in short as 'the MMDR Act') provides for lodging of a private complaint under Sec. 2(g) of the Code of Criminal Procedure, 1973 (hereainafter referred to in short as 'Cr.P.C.') by an authorized officer under the Act. It is submitted that the MMDR Act would prevail over the provisions of the Cr.P.C. and hence, no Court can take cognizance of the offence punishable under the MMDR Act or Rules on First Information Report filed at a Police Station. Thus, it is further submitted that the both the First Information Reports are required to be quashed and set aside.