HARMELA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this order, the above mentioned two petitions would be disposed of as the petitioners have sought quashing of FIR No. 221 dated 29.10.2010 under Sections 379, 188 of the Indian Penal Code, 1860 (IPC for short) registered at Police Station Mullana District Ambala (Annexure P-1) and all the subsequent proceedings arising therefrom. Learned counsel for the petitioners has submitted that the offence, if any, could be said to have been committed by the petitioners under the Mines and Minerals (Development and Regulation) Act, 1957 (the Act for short). With regard to the said offence, FIR could not have been registered. Court could take cognizance of the offence only on the basis of the complaint in writing made by the authorised person in this behalf. Hence, FIR in question was liable to be quashed.

(2.) Learned State counsel, on the other hand, has opposed the petitions.

(3.) Prosecution story, in brief, is that petitioners were indulging in illegal mining in the land belonging to Department of Mines and Geology. Hence, it was prayed that FIR be registered against the petitioners and their co-accused under Sections 379 and 188 IPC.