ABHISHEK KUKRETI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kripa Shankar Singh, learned Senior Counsel assisted by Sri Mahipal Singh, learned counsel for the petitioners and Sri Ratan Singh alongwith Sri Vibhav Ojha, learned AGA for the State.

(2.) Present petition has been filed seeking quashing of the first information report dtd. 28/4/2023, arising out of case crime no.85 of 2023, under Sec. 379, 411 IPC and Sec. 4/21 Mines and Minerals (Development and Regulation) Act, 1957, Police Station Nagina Dehat, District Bijnor. Further, the petitioners are seeking a direction in the nature of mandamus commanding the respondents to take appropriate action/departmental inquiry against the responsible respondents, who were involved in the proceeding of seizing of the vehicles concern as well as false arresting of said drivers in pursuance of the impugned first information report.

(3.) Sole submission of the learned counsel for the petitioners is that in view of Sec. 22 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to 'MMDR Act') the FIR could not have been registered as it provides that only a complaint could have been lodged by the authorized person.