SURESH FAKIRCHAND PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application the applicant -original accused prays for quashing of the proceedings of the Criminal Case No. 881 of 2013, pending in the Court of the learned Principal Senior Civil Judge and Chief Judicial Magistrate, Lunawada, District Panchmahal's, arising from a First Information Report registered with the Santrampur Police Station being C.R. No. I -10 of 2011 of the offence punishable under Sections 4, 4(1), 4(1)(A) and 22 of the Mines and Minerals (Development and Regulation) Act, 1957 and Sections 406 and 420 of the Indian Penal Code.

(2.) THE case of the prosecution may be summarized as under: -

(3.) MR . Satyam Chhaya, the learned advocate appearing on behalf of the applicant, vehemently submitted that the trial Court committed a serious error in taking cognizance of the offence punishable under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, "the Act, 1957") on a Police report, in view of the specific bar under Section 22 of the Act, 1957.