KANTIBHAI RAMJIBHAI LATHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Ms.Thakore, the learned APP waives service of notice of rule for and on behalf of the respondents.

(2.) By this application under section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused seeks to invoke the inherent powers of this Court, praying for quashing of the FIR bearing CR No.I-108 of 2015 registered at the Mandvi Police Station, Surat (Rural), for the offence punishable under the provisions of the Mines and Minerals (Development and Regulations) Act, 1957, more particularly, the contravention of the Rules 3, 5 and 6 of the Gujarat Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules, 2005, and also for the offence punishable under Section 379 read with Section 114 of the Indian Penal Code.

(3.) Since the matter can be disposed of on a neat question of law, I need not go into the facts in details. I may only say that the case against the applicant is one of illegal mining and excavation.