SANTOSH KUMAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party No. 1 and perused the record.

(2.) This application under Sec. 482, Cr. P.C. has been filed by the applicant to quash the summoning order dtd. 11/8/2021 passed by learned Chief Judicial Magistrate, Mirzapur as well as proceedings of Criminal Case No. 2312 of 2021 (State v. Santosh Kumar Singh) arising out of Case Crime No. 27 of 2021, under Sec. 188 of I.P.C. and Ss. 4/21 Mines and Minerals (Development and Regulation) Act and Ss. 37, 39 Air (Prevention And Control Of Pollution) Act, 1981, Police Station-Ahraura, District-Mirzapur.

(3.) The issue involved in the matter lies in a very narrow compass. The main substratum of argument of learned counsel for the applicant is that vide impugned summoning order dtd. 11/8/2021, the applicant has been summoned under Sec. 188 of I.P.C., Ss. 4/21 of Mines and Minerals (Development and Regulation) Act and Ss. 37, 39 of Air (Prevention and Control of Pollution) Act, 1981 to face trial, whereas the Magistrate concerned was not empowered to take cognizance on the police report for the aforesaid alleged offence, because with regard to same, there is a procedure for filing complaint.