GOPAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

(2.) These criminal misc. petitions under Section 482 Cr.P.C. have been preferred for quashing of FIR No.0064/2020 registered at Police Station Bijoliya, District Bhilwara for the offence under Section 379 IPC and Sections 4 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957; FIR No.0100 dated 25.06.2020 registered at Police Station Luni, District Jodhpur for the offences under Sections 379 and 447 IPC and Sections 4 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957; and FIR No.0241/2020 registered at Police Station Gangrar, District Chittorgarh for the offences under Sections 4 and 21 of the Mines and Minerals (Regulation and Development) Act, 1957 and Section 379 IPC.

(3.) Learned counsels for the petitioners made a categorical statement that the matters pertain to a special provision i.e. the Rajasthan Minor Mineral Concession Rules, 2017, and therefore, the prosecution for the offence under Section 379 IPC cannot be proceeded with against the present petitioners.