LAWS(MAD)-2020-1-37

SARAVANAN Vs. INSPECTOR OF POLICE MANGALAM POLICE STATION

Decided On January 02, 2020
SARAVANAN Appellant
V/S
Inspector Of Police Mangalam Police Station Respondents

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records in Cr.No.499 of 2019 on the file of the Mangalam Police Station, Tirupur and quash the same.

(2.) The learned counsel for the petitioner has submitted that the respondent police has registered an FIR in Crime No.499/2019 against the petitioner herein under Section 21 (1) Mines and Minerals (Development and Regulation) Act, 1957. He further submitted that in view of the decision of the Hon'ble Division Bench of this Court in Sengol and Ors Vrs the Inspector of Police reported in 2012 (2) CTC 369, the police has no power to register an FIR under Section 21 (1) Mines and Minerals (Development and Regulation) Act, 1957 and therefore, prays to quash the FIR.

(3.) The learned Government Advocate states that in view of the aforesaid decision of the Hon'ble Division Bench of this Court cited supra, the respondent Police is not empowered to register the FIR under Section 21 (1) Mines and Minerals (Development and Regulation) Act, 1957.