DAULAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner through this misc. petition u/s. 482 Cr. P. C. seeks the quashment of the proceedings of criminal case no. 62 /97 pending in the Court of Additional Chief Judicial Magistrate, Begun u/s. 379 IPC and 4/21 of the Mines and Minerals Regulation & Development Act, 1957.

(2.) THE brief facts. On the report of Shri Anil Kamthan, Nayab Tehsildar, Be- gun, that Daulat Singh had illegally mined at Khasra No. 993 of Rawarda, a case u/s. 379 IPC and 4/21 of the M. M. R. D. Act, 1957 was registered on 3. 2. 97. THE police, after investigation, submitted a challan. THE learned Magistrate vide order dt. 26. 8. 97 framed charges u/s. 379 IPC and 4/21 of the M. M. R. D. Act, 1957 against the petitioner. Two prosecution witnesses have been examined in the case.

(3.) THE next question to be considered is whether mining operation on that land amounted to an offence u/s. 379 IPC. THE definition of theft under Sec. 378 IPC reads as under :- ``378. THEft-Whoever intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft. Explanation 1-A thing so long as it is attached to the earth, not being moveable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is served from the earth. x x x x x