IMRAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. S.M. Faraz I. Kazmi, learned counsel for the applicants, Mr. N.D. Rai, Mr. Ravindra Kumar Singh, Mr. Ravi Prakash Bhatt, learned Additional Government Advocates appearing on behalf of opposite party No. 1/State of U.P. and perused the record with the assistance of learned counsels for the parties.

(2.) By means of this application under sections 482 of the Code of Criminal Procedure, the applicants have invoked the inherent jurisdiction of this Court for quashing of the charge sheet No. 357-A of 2017 dated 14.4.2018, cognizance order dated 24.12.2018 as well as entire proceedings of Criminal Case No. 1520 of 2018 (State vs. Sarvar @ Babar and others) arising out of Case Crime No. 461 of 2017, under Sections 147, 148, 149, 336, 353, 307, 379 IPC and Section 4/21 Mines and Mineral (Development and Regulation) Act, Police Station Behat, District Saharanpur pending in the court of Judicial Magistrate-III, court No. 20, Saharanpur mainly on the ground that Section 22 of the Mines and Mineral (Development and Regulation) Act, 1957 (hereinafter referred to as MMDR Act) prohibits registration of FIR and cognizance on police report with regard to offence punishable under said Act 1957.

(3.) Since pure legal issues are involved in this case and the facts as emerges on record are not disputed ,therefore, with the consent of learned counsel for the parties, the instant case is being decided at the admission stage itself without calling counter affidavit.