- (1.) This application under Section 482 Cr.P.C. has been filed with the prayer to allow this application and quash the impugned charge-sheet No. 76/14 dated 28.9.2014, Police Station Naraini, District Banda in connection with Case No. 328/IX/16, under Section 379 IPC, 3/70 Mines and Minerals Act & 4/21 Environment Protection Act, P.S. Naraini, District Banda on the basis of which learned Court below has taken cognizance on 26.4.2016 and issued summons to the applicants. It is further prayed that proceeding in the aforesaid case be stayed.
(2.) It is submitted by the learned counsel that respondent no. 2 lodged a First Information Report on 14.6.2014 against the applicants in Case Crime No. 87 of 2014, under Section 379 IPC, 3/70 Mines and Minerals Act and 4/21 of Environment Protection Act, Police Station Naraini, District Banda, on the basis, that applicants were removing the mines and minerals from the riverbed and collected on the field of the village. After investigation charge-sheet was submitted on 28.9.2014 and court below has taken cognizance and issued summons to the applicants on 26.4.2016.
(3.) It is submitted by the learned counsel that when offence under the Mines and Minerals (Development and Regulation) Act (hereinafter referred to as the "M.M.D.R. Act") excludes the provisions of Indian Penal Code, cognizance under both, Indian Penal Code as well as M.M.D.R. Act is illegal and it has been vehemently argued that M.M.D.R. in Special Act will prevail over general law that is IPC and consequently Section 379 IPC does not come into the picture when illegal mining is being alleged whereas learned Magistrate has taken cognizance on the police report under the Indian Penal Code as well as Mines and Minerals Act which is liable to be quashed.;