SULTAN JUMA BHATTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code") for quashing and setting aside the impugned FIR being C.R.No.II3093 of 2012 registered with Bhimsar Police Station and the consequential proceedings initiated in pursuance of the registration of said FIR.

(2.) Heard learned advocate Mr. Aamir Pathan appearing for learned advocate Mr. Ashish M. Dagli for the applicants and learned APP Mr. K.L. Pandya for the respondent State.

(3.) Learned advocate for the applicants submitted that on 10.11.2012 respondent no.2 herein, original complainant, filed the impugned FIR against the applicants for the offences punishable under section 22, 4(1), 4(1)A and 21(6) of the Mines and Minerals Development Regulation Act, 1957 (for short, "the Act") and Rules 3, 5 &6 of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005 (for short, "the Rules"). It is alleged that the applicants had illegally excavated land situated outside the lease area and thereby, had committed the offence in question. 3. 1 It is submitted by learned advocate Mr. Pathan that the impugned FIR is sustainable in the eyes of law in view of the provision of Section 22 of the Act. Section 22 of the Act reads as under;