M. SANKARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the FIR in Crime No.506 of 2020 dtd. 29/9/2020, Anandapuram Police Station, Visakhapatnam City, registered for the offences punishable under Sec. 420 of Indian Penal Code (for short "I.P.C.") and Sec. 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short "MMDR Act").

(2.) Petitioners herein are accused Nos.1 and 2. Respondent No.2 herein filed a complaint stating that this is a case of cheating and illegal transportation of sand. On 29/9/2020, acting on credible information, the 2nd respondent along with his staff, went to the spot at Kallivanlpalem centre, near Boyapalem junction, Anandapuram Mandal, Visakhapatnam, and found that accused No.1 was illegally transporting 25 Tons of sand, on a lorry bearing Reg.No.AP31TH5888 under the direction of his owner i.e., accused No.2. Upon verifying the sand bill, transit No.TNAP31TH5888209280753598549, and other connected documents, the 2nd respondent found that the lorry was supposed to be headed to Pool Bag Colony, Vizianagaram District. However, the vehicle was found heading towards Boyapalem of Anandapuram Mandal, Visakhapatnam District, without any permission from necessary department, and in violation of the Sand Transporting Rules and MMDR Act. Subsequently, the 2nd respondent seized the lorry bearing No. AP31TH5888 along with 25 tons of sand and handed it over to the Anandapuram Police for further action. Hence, the present FIR was filed.

(3.) The present petition is filed to quash the FIR on the foremost ground that the FIR itself is not maintainable under Sec. 22 of the MMDR Act. For the registration of any case under MMDR Act, particularly for penalties under Sec. 21(1) of the MMDR Act, a complaint must be filed before the Magistrate under Sec. 200 of the Cr.P.C. only. However, in this case, the FIR was registered basing on a police report, which is not maintainable under law. Even though there were bills and documents relating to the sand, which was intended to be transported to Pool bag, Vizianagaram, a crime under Sec. 420 of the I.P.C. was registered solely on the basis that the vehicle was proceeding to Anandapuram Visakhapatnam. Prima facie, such an allegation under Sec. 420 does not appear to be applicable. Hence, prays to allow the petition.