JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS , by way of instant petition under Section 482 Cr.P.C., seek quashing of FIR No.97 dated 20.11.2012 under Section 379 IPC and Section 21 of Mines and Minerals Act, 1957 ('Act of 1957' for short) registered at Police Station Sadar, Faridkot.

(2.) NOTICE of motion was issued and pursuant thereto, reply by way of affidavit dated 18.9.2014, has been filed on behalf of the State. Learned counsel for the petitioners, while placing reliance on the judgement dated 10.11.2014 passed by this court in CRM No.19534 of 2014 (Jagjit Singh and others Vs. State of Punjab), submits that the impugned FIR is nothing, but a blatant misuse of process of law. Petitioners never indulged in any mining, because of which there was no scope of attracting the penal provisions of Section 21 of the Act of 1957, nor the action of the petitioners would attract the provisions of Section 379 IPC. He submits that even as per the allegations levelled in the impugned FIR, petitioners were found digging pit in their own land for taking sand. He submits that even if petitiones were taking some earth from their own land, for personal use, they committed no sin muchless any offence either under the Act of 1957 or under the IPC. Learned counsel for the petitioners concluded by submitting that the present case was squarely covered by the judgement of this court in Jagjit Singh's case and even if the allegations levelled in the impugned FIR are taking to be true on their face value, no offence, whatsoever, is made out against the petitioners. He prays for allowing the present petition.

(3.) ON the other hand, learned counsel for the State places reliance on a judgement of the Hon'ble Supreme Court in State of NCT of Delhi Vs. Sanjay, 2014 4 RCR(Cri) 211, to contend that the provisions of the Act of 1957 as well as the provisions of Section 379 IPC were attracted in the present case. He prays for dismissal of the petition.