JAYANT Vs. STATE OF MP

JUDGEMENT

(1.) The petitioners have invoked the inherent powers of this Court conferred under Section 482 Cr.P.C. to quash the aforementioned FIRs registered against them for illegal mining/transportation of sand.

(2.) As common question of law is involved in all these petitions, therefore, they are heard together and are being decided by this common order.

(3.) The question involved is whether even after compounding the case of illegal mining of minerals like sand/stone/yellow soil etc. by the competent authority, the wrongdoer can be prosecuted again for the same act done in respect of the same mineral under the penal provisions of several other statues making mining/transportation/storage of minor mineral without permit/license illegal e.g. Section 379 , 414 IPC, Rule 18, M.P. Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2006 (for brevity hereinafter referred to as Rules, 2006), Section 4 / 21 , The Mines & Minerals (Development and Regulation) Act , 1957 (hereinafter referred to as MMDR, Act) and Section 247(7) M.P. Land Revenue Code, 1959?