DINESHBHAI DAHYABHAI PATEL 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 CR. I No.74 of 2015 registered with Mansa Police Station for the offences under Ss. 379 , 114 of Indian Penal Code read with Sec. 3 , 5 , 8 and 13 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation & Storage) Rules, 2005 and under Sec. 4 (1- A) and 21 of the Mines and Minerals (Development and Regulation) Act and all the consequential proceedings arising therefrom.

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

(3.) Learned advocate Mr. D.N. Vora for learned advocate Mr. Satyam Chhaya for the petitioners 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 Ss. 379 , 114 of Indian Penal Coderead read with Sec. 3 , 5 , 8 & 13 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation & Storage) Rules, 2005 and under Sec. 4 (1-A) and 21 of the Mines and Minerals (Development and Regulation) Act .