LALAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the Mines Department and learned counsel for the State.

(2.) Counsel for the petitioner has filed the present criminal writ application with a prayer to quash the F.I.R. being Hulasganj P.S. Case No. 104 of 2021 dtd. 17/7/2021 registered under Ss. 379, 411, 34 of the I.P.C. instituted by the Competent Authority, District Mining Office, Jehanabad.

(3.) Counsel for the petitioner submits that from the contents of the F.I.R., it is very much clear that the authorities who have filed the complaint is the Competent Authority, District Mining Office, Jehanabad. Counsel has put emphasis that according to Mines and Mineral Act and Rules, the case has to be filed by virtue of complaint as Sec. 22 of the said Act talks about that no Court shall take cognizance of any offence punishable under this Act or any Rules made thereunder, except upon complaint in writing made by a person authorized in this behalf by the Central Government or the State Government.