Vijay Lakshmi, J. - (1.) Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the records.
(2.) The applicant, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the Charge-Sheet No.49 of 2014 dated 03.7.2014, submitted by the police in Case No.455 of 2016 arising out of Case Crime No.980 of 2014, State Vs. Dinesh Yadav, under Sections 379, 411 I.P.C. & 4/21 Mines and Minerals (Development and Regulation) Act, 1957 P.S. Kalwari, District-Basti as well as the entire proceedings of aforesaid case, pending in the Court of Additional Chief Judicial Magistrate III, Basti.
(3.) Learned counsel for the applicant has contended that in this case the Investigating Officer has wrongly submitted charge-sheet against the applicant under Sections 379,411 I.P.C. & 4/21 Mines and Minerals (Development and Regulation) Act, 1957, (hereinafter called as Act, 1957) as it is clearly barred by Section 22 of the Act, 1957 and Rule 74 (1) of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963. The learned Magistrate too, without any application of mind, took cognizance on the charge sheet ignoring the aforesaid legal provisions. Hence, the charge-sheet and the cognizance order both are liable to be quashed by this Court.;