MEWA SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No.30 dated 04.03.2013, under Section 379 of IPC and Section 4(1) of Mines Act, 1952, registered at Police Station Sohana, District S.A.S. Nagar, Mohali.

(2.) Learned counsel for the petitioner submitted that as per Section 22 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as 'the Act'), written complaint was to be filed by Mining Officer and FIR was not to be registered. So, the proceedings on the basis of FIR be quashed. On this point reliance is placed upon judgment of Hon'ble Supreme Court in case Keshav Lal Thakur Vs. State of Bihar, 1996 11 SCC 557. Reliance are also placed upon judgment of Co-ordinate Bench of this Court in case Rajeev Kumar Vs. State of Punjab, 1997 4 RCR(Cri) 846 and Chandhan Singh Vs. State of Haryana, 2004 1 RCR(Cri) 724.

(3.) Learned State counsel submitted that the present case is under Section 4 (1) of 'the Act' as well as under Section 379 of the IPC because the accused person had taken away the articles which were taken in category of minor minerals. As the offences alleged against the accused person include offence under IPC also, FIR is to be registered and the same is maintainable and thus, the present petition be dismissed.