- (1.) On oral prayer, learned counsel for the applicant is permitted to correct prayer clause of the application during course of the day. Heard learned counsel for the applicant and the learned AGA for the State and perused the record.
(2.) This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet as well as the entire proceedings in Case No. 1803 of 2019, arising out of Case Crime No. 193 of 2019, under Sections 379 IPC and 4/21 Mines and Minerals (Regulation and Development) Act , (in short 'the Mines and Minerals Act ') Police Station Dhebarua, District Siddharth Nagar and bailable warrant dated 22.10.2019, pending before the Chief Judicial Magistrate, Siddharth Nagar and further to stay further proceedings of the aforesaid case. It is submitted by the learned counsel of the applicant that initially in the matter F.I.R. was lodged for the offence under Sections 379 IPC, 4/21 Mines and Minerals Act and 3 Prevention of Damage to Public Property Act. Though charge sheet was submitted for the aforesaid offences yet concerned Magistrate took cognizance only for the offence under Sections 379 IPC and 4/21 Mines and Minerals Act . Referring to the provisions of Mines and Minerals Act it is submitted that no cognizance can be taken for the aforesaid offence on the basis of charge sheet and only complaint proceeding can be initiated in the matter. At this juncture, learned counsel for the applicant placed reliance on the decision of this Court in Imran and three others vs. State of U.P. and another , 2019 LawSuit(All) 2019. Learned AGA has opposed the prayer. I have considered the submissions made by the learned counsel for the parties and have gone through the entire record including the case law cited in the matter carefully. Before proceeding to deal with the matter, I find it necessary to quote the order dated 10.7.2019 passed by another Bench of this Court in Imran case (supra), which is as under: "1. Heard Mr. S.M. Faraz I. Kazmi, learned counsel for the applicants, Mr. N.D. Rai, Mr. Ravindra Kumar Singh, Mr. Ravi Prakash Bhatt, learned Additional Government Advocates appearing on behalf of opposite party No. 1/State of U.P. and perused the record with the assistance of learned counsels for the parties. Relief sought for :- 2. By means of this application under sections 482 of the Code of Criminal Procedure, the applicants have invoked the inherent jurisdiction of this Court for quashing of the charge sheet No. 357-A of 2017 dated 14.4.2018, cognizance order dated 24.12.2018 as well as entire proceedings of Criminal Case No. 1520 of 2018 ( State vs. Sarvar @ Babar and others ) arising out of Case Crime No. 461 of 2017, under Sections 147 , 148 , 149 , 336 , 353 , 307 , 379 IPC and Section 4 / 21 Mines and Mineral (Development and Regulation) Act , Police Station Behat, District Saharanpur pending in the court of Judicial Magistrate-III, court No. 20, Saharanpur mainly on the ground that Section 22 of the Mines and Mineral (Development and Regulation) Act , 1957 (hereinafter referred to as MMDR Act ) prohibits registration of FIR and cognizance on police report with regard to offence punishable under said Act 1957.
(3.) Since pure legal issues are involved in this case and the facts as emerges on record are not disputed ,therefore, with the consent of learned counsel for the parties, the instant case is being decided at the admission stage itself without calling counter affidavit. Issues:- ;