SELVARAJ @ VEPPADAI SELVARAJ Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The Petitioner is an Accused in Crime Nos.318 of 2021, 52 of 2022 & 53 of 2022 on the file of the Chindhamanipatti Police Station, Karur District, registered for the offence under Sec. 379, IPC & 21(1) of the Mines and Minerals (Development & Regulation) Act (hereinafter referred to as 'MMDR Act'). All these three cases have been registered at the instance of the respective Second Respondents/official from the Department of Geology and Mining on 13/11/2021 and 27/3/2022 respectively. The Respondent Police has completed the investigation and also filed the Final Report, which are now taken on file by the learned Judicial Magistrate No.1, Kulithalai, in CC Nos. 171, 217 & 219 of 2023, respectively. The Petitioner has filed these Criminal Original Petitions to quash the Charge-sheet pending against him.

(2.) Learned Counsel for the Petitioner submitted that the Final Reports have been filed as against the Petitioner for the offence under Sec. 379, IPC and 21(1) of the MMDR Act. With regard to the offence under the MMDR Act, the law is settled in Sengol & others v. Inspector of Police, R.S. Mangalam Police Station & others, 2012 (1) MWN (Cr.) 238 (DB) : 2012 (2) CTC 369 (DB) : 2012 (2) CTC 369, that the Complaint has to be filed only by the Authorised Officer contemplated under Sec. 22 of the MMDR Act by way of a Private Complaint. He has also relied upon the decision of the Hon'ble Supreme Court in State of Haryana & others v. Bhajan Lal & another, 1992 SCC (Crl.) 462.

(3.) Learned Additional Public Prosecutor submitted that the Government has authorised the Inspectors of Police and various other officials, as the Authorised Officer under Sec. 22 of the MMDR Act. Therefore, the Inspector of Police/First Respondent is authorised to initiate the proceedings.