BHAVESHBHAI PITHABHAI KAMBARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being 11185003210062 of 2021 registered with Kalyanpur Police Station for the offences under Ss. 379 of the Indian Penal Code, Sec. 4(1) , 4(1) a, 21(1), 22 of the Mines and Minerals (Development and Regulation) Act and Sec. 3 , 7 and 21(2) of the Gujarat Minerals Prevention of Illegal Mining Transportation and Storage Rules, 2017 and all the consequential proceedings arising therefrom.

(2.) Brief facts of the case is as under :-

(3.) Learned advocate Mr. P.P. Majmudar for the petitioner relying upon judgment of Co-ordinate Bench in the case of Prahladbhai Jyantibhai Raval v/s. State of Gujarat [2022 (0) Supreme (Guj) 1210] would submit that in the present case, accused is charged with offence under Sec. 379 of the IPC, 4(1), 4(1)a, 21(1), 22 of the Mines and Minerals (Development and Regulation) Act and Sec. 3 , 7 and 21(2) of the Gujarat Minerals Prevention of Illegal Mining Transportation and Storage Rules, 2017.