RAMESH KU AGARWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this proceeding U/s. 482 Cr.P.C., Prayer has been made to quash the criminal proceeding in Koira P.S. Case No.64(10)/2010 corresponding to G.R Case No. 324 of 2010 pending in the court of learned SDJM, Bonai and to release the illegally seized 1819.680 tons of Iron Ore Lumps.

(2.) Case in brief is that the Mining Officer, Office of the Deputy Director of Mines, Koira Circle, Sundargarh vide Letter No.15975 dated 29.06.2010 lodged an F.I.R. against M/s. Ajay Mineral & Steels (P) Ltd. alleging inter alia that in course of verification 48.510 Metric Ton of Iron Ore Lumps was found which was procured unauthorisedly for crushing and conversation purpose. The said F.I.R. was registered U/s. 379/34 of IPC and U/s. 21 of Mines and Minerals (Development & Regulation) Act, 1957 (in short "MMDR Act") and investigation was ensued. The present four accused persons were named in the F.I.R. After investigation, charge-sheet was submitted basing upon which learned SDJM, Bonai took cognizance U/s. 379/34 of IPC and U/s.21 of MMDR Act. Being satisfied with sufficient ground, issued process against nine accused persons including the present four petitioners. Quashing of a proceeding ipso facto includes the order of taking cognizance as well as F.I.R. as stated above.

(3.) Learned counsel for the petitioner submits that the police has no jurisdiction to undertake the investigation for the offence U/s.21 of MMDR Act and as no complaint was filed, initiation of the proceeding and taking of cognizance on police report is illegal and same should be quashed. He has relied upon a decision of this Court in the case of Surendra Kumar Agarwal vrs. State of Orissa & others, 2009 44 OCR 232.