VAKMATBHAI JETHSURBHAI BHALGARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Ms.Pathak, the learned APP waives service of notice of rule for and on behalf of the respondent no.1. The respondent no.2 - original first informant, although served with the notice issued by this Court, yet has chosen not to remain present before this Court either in person or through an advocate and oppose this application.

(2.) By this application under section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused nos.1 and 2 seek to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No.350 of 2016 pending before the learned JMFC, Mendarda, District Junagadh, arising from the First Information Report being II-CR No.3013 of 2011 lodged before the Mendarda Police Station, District Junagadh, for the offence punishable under Sections 3, 5, 6, 8 of the Gujarat Mines Rules, 2005 and Section 4(1)(A) of the Mines and Minerals Act, 1957.

(3.) The principal argument of the learned counsel appearing for the applicants is that the court concerned could not have taken cognizance of the offences alleged upon a police report in view of the provisions of Section 22 of the Mines and Minerals Act, 1957. The issue raised in this application is no longer res integra.