PATEL JIGNESHKUMAR DINESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Additional Public Prosecutor Mr. Yuvraj Brahmbhatt waives service of notice of Rule on behalf of respondents.

(2.) Learned advocate Ms. Kruti M. Shah for the applicants, at the outset, submitted that she does not press this petition qua the offences punishable under Ss. 379 and 114 of the Indian Penal Code. Thus, this petition confines to offences punishable under Ss. 4(1), 4(1)A of the Mines and Minerals (Development and Regulation) Act, 1957 (for short "the Act, 1957") and the Rules 3, 5, 10, 12, 21 and 22(a) of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005, 2016 and 2017 (for short "the Rules").

(3.) By way of this petition under Sec. 482 of the Code of Criminal Procedure, 1973, the petitioners have approached this Court for quashing the F.I.R. being C.R.No.11217019210448 of 2021 registered at 'A' Division Patan City Police Station, District : Patan for the offences punishable under Ss. 379 and 114 of the IPC and Ss. 4(1), 4(1)A of the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules 3, 5, 10, 12, 21 and 22(a) of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005, 2016 and 2017 qua the applicants.