RAJESH KUMAR AGRAWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A. K. Sahani learned counsel appearing on behalf of the petitioner and Mr. Sudhanshu Kr. Deo, learned counsel appearing on behalf of the State.

(2.) In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Deori P.S. Case No. 27 of 2013 corresponding to G.R. No. 468 of 2013 registered u/s 414 of the Indian Penal Code (IPC) and Section 21 of the Mines and Minerals (Development & Regulation) (MMDR) Act, 1957, pending before the Court of learned Judicial Magistrate, Giridih.

(3.) It has been submitted by the learned counsel for the petitioner that after investigation charge-sheet has been submitted under the said sections against the petitioner. It has also been submitted that there is no allegation with respect to the documents which were carried by the accused persons to have been forged and only on the allegation that the truck which was loaded with coal had been diverted as it was to go to Saria (Bagodar) whereas it was apprehended near a village Labania under Deori P.S. It has also been submitted that deviation in the route cannot constitute an offence under the IPC. So far as Section 21 of the MMDR Act is concerned, it has been submitted that as per Section 22 of the MMDR Act no cognizance of an offence punishable under this Act can be taken except upon a complaint in writing made by a person authorized in this behalf by the Central Government or the State Government. It has also been submitted that in terms of Section 2(d) of the Code of Criminal Procedure a complaint does not include an F.I.R. and since the same is in direct conflict with the provisions of MMDR Act, the entire criminal proceedings as against the petitioner deserves to be quashed and set aside.