ANSHUL MISHRA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The Criminal Appeals in Crl.A(MD)Nos.373 and 374 of 2017 are filed by the State, under Sec. 378 Cr.P.C., as against the order passed by the learned Judicial Magistrate, Melur, under Sec. 256 Cr.P.C., in C.C.Nos.82 & 83 of 2013, dtd. 29/3/2016.

(2.) By the said orders dtd. 29/3/2016, the learned Magistrate, dismissed the complaints filed by the District Collector, Madurai, for his non-appearance under Sec. 256 Cr.P.C. and acquitted the respondents / accused from the charges under Ss. 4(1-A) r/w 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. Apart from the aforesaid offence, the complaints were also filed to confiscate the multi-colour granite blocks seized from the respondent's / accused's land in Keelayur Village, Melur Taluk; and to dispose of the granite blocks as provided under Sec. 21(4-A) of the Mines and Minerals (Development and Regulation) Act, 1957. Aggrieved over the same, the State has preferred the criminal appeals.

(3.) While dismissing the complaints, the learned Magistrate has also made certain observations that Mr.Anshul Mishra, I.A.S., the then District Collector, Madurai, has filed the complaints in his official capacity as District Collector, Madurai, but, as on the date of lodging of the complaint, he is not the District Collector, Madurai and thereby, committed the offence under Ss. 181, 182, 193 and 199 IPC. The learned Magistrate further observed that the learned Special Public Prosecutors have also aided the complainant in the said offence and therefore, directed the Head Clerk to lodge a complaint under Sec. 197(1b) Cr.P.C., after getting appropriate orders from the Government.