ABHISHEKH KUMAR AGARWAL Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) IN the present criminal miscellaneous petition, the petitioner has prayed for quashing the First Information Report (F.I.R.) in connection with Rajrappa P.S. Case No. 110 of 2014 corresponding to G.R. No. 2813 of 2014 registered u/s. 4/21 of Mines and Minerals (Development and Regulation) Act, 1956 (MMDR Act for short) and Section 8 of Jharkhand Mineral Dealers Rule 2007.

(3.) LEARNED counsel for the petitioner has submitted that at the time of installation of the factory, a coal linkage was granted by M/s. Central Coalfields Ltd. of about 4810 MT. per month whereas at present 894 MT. of coal per month is being allotted and that's why there has been a difference between the stock book and weight assessed by the surveyor. He has further submitted that although the FIR has been instituted u/s. 4/21 of the MMDR Act, 1956, but Section 22 of the said Act precludes the Court from taking cognizance of any offence punishable under this Act or any Rules made thereunder except upon a complaint in writing made by a person authorized in this behalf by the Central Government or the State Government. He has further submitted that Section 2(d) of the Code of Criminal Procedure (Cr.P.C), 1973 defines a complaint which means that any allegation made orally or in writing is to be made to a Magistrate with a view to taking action under law and since Section 22 of the MMDR Act specifically mentions about a "complaint in writing", the police officials were not authorized to register an F.I.R. In such context, he claims that the F.I.R. with respect to initiation of a criminal case u/s. 4/21 of the MMDR Act, 1957 is fit to be quashed. He also contends that since the Jharkhand Mineral Dealers Rules, 2007 for which also the petitioner is being prosecuted has been framed in exercise of the powers conferred by Section 23(C(1)(2) of the MMDR Act, 1957, therefore Section 22 of the MMDR Act will also be applicable and for violation of this Rule also any criminal prosecution is to be instituted on a complaint made in writing.