PRADEEP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajesh Kumar Mall, learned counsel for the applicant and Sri Pankaj Saxena, learned Additional Government Advocate-I for the State-Opposite party.

(2.) The present application under Sec. 482 of the Code of Criminal Procedure, 1973[The Code] has been filed seeking to quash the entire proceedings as well as the Cognizance Order dtd. 5/9/2019 passed by the Additional Chief Judicial Magistrate, Court No.5, Prayagraj in Case No.1841 of 2019 (State Vs. Bhawarjeet Singh and Others), arising out of Case Crime No.367/2018, under Sec. 379 Indian Penal Code, 1860[ Penal Code ] and Sec. 4 and 21 Mines and Minerals (Development and Regulation) Act, 1957[ MMDR Act], Police Station Sankargarh, District Prayagraj.

(3.) It is pointed out that proceedings in the present case were initiated pursuant to an FIR dtd. 25/11/2018 lodged under Sec. 379, 411 of the Penal Code and Sec. 4, 21 of the MMDR Act and a police report under Sec. 173(2) of the Code dtd. 24/12/2018 was filed whereupon cognizance was taken by the learned Magistrate on 5/9/2019 and the applicant has been summoned.