SASI Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in P.R.C.No.6 of 2017, pending on the file of the learned Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District.

(2.) On the complaint lodged by the second respondent, the first respondent police registered a case in Crime No.99 of 2014 for the offence under Section 294(b) , 379 , 307 IPC and 21(4) of Mines and Minerals (Development and Regulation) Act , 1957.

(3.) The only point for consideration is that the offence under Mines and Minerals (Development and Regulation) Act , cannot be taken cognizance along with other accused. Since the offences under the Indian Penal Code and the offence under Mines and Minerals (Development and Regulation) Act are not same offence under Article 20(2) of Constitution of India.