MUNU Vs. STATE OF ODISHA

JUDGEMENT

(1.) All four applications are filed under Sec. 482 of Cr.P.C. and involves a common question of law. The facts, involved are also similar. Hence, all four cases were heard together and are being disposed of by this common judgment.

(2.) The sole point that falls for consideration before this Court is, whether the jurisdictional police has the authority to register FIR against any person for the offence under Rule 51 of Odisha Minor Mineral Concession Rule, 2016 (OMMC Rules) and /or Sec. 12 of the Odisha Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Act, 1988 (OMPTS Rules).

(3.) The petitioner in CRLMC No. 2381 of 2023 prays for quashing of the entire criminal proceeding in G.R. Case No. 172/2023 arising out of Begunia P.S. Case No.48/2023 under Ss. 379/411/420/468/470 /471/120-b/34 of IPC and Rule 51 of the OMMC Rules 2004. The FIR was lodged by the S.I. of Begunia Police Station on the allegation that a mini truck belonging to the petitioner was illegally transporting laterite stones in the manner contrary to permit issued in favour of his wife.