Harish Chandra Mishra, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the entire criminal proceeding as also the FIR, in Balumath P.S. Case No. 32 of 2012 corresponding to G.R. No. 187 of 2012, which was instituted for the offences under Ss. 414/34 of the Indian Penal Code and Sec. 21 of the Mines and Minerals (Regulations & Development) Act (hereinafter referred to as 'MMRD Act'). By way of I.A. No. 1206 of 2014, the petitioner has also challenged the order dated 25.4.2013 passed by learned Sub -Divisional Judicial Magistrate, Latehar, passed in the said case, whereby cognizance for the offences under Ss. 414/34 of the Indian Penal Code and Sec. 21 of the MMRD Act was taken against the petitioner.
(2.) The FIR in Balumath P.S. Case No. 32 of 2012 has been brought on record, from which, it appears that illegally mined quartz and felsphar stones were recovered by the police and the police was informed that those illegally mined stones were stored by the petitioner. It is stated in the FIR that the petitioner was having the lease and license for mining purpose, but those quartz and felsphar stones were not extracted from the place of lease, rather, they were illegally extracted from another place and was stored by the petitioner. With these allegations, the FIR was lodged for the offences under Ss. 414/34 of the Indian Penal Code and Sec. 21 of the MMRD Act. It appears that after investigation, the police submitted charge -sheet against the petitioner and on the basis of charge -sheet and the materials available in the case diary, the Court below took cognizance for the said offences against the petitioner and other co -accused, by the impugned order dated 25.4.2013.
(3.) Learned counsel for the petitioner has submitted that the order taking cognizance, as also the entire criminal proceeding against the petitioner in the said Balumath P.S. Case No. 32 of 2012, are absolutely illegal, inasmuch as, the petitioner was having the lease and license for mining purpose and accordingly, no offence can be said to be made against the petitioner. It is further submitted that institution of police case for the offence under Sec. 21 of the MMRD Act and the order taking cognizance for the said offence under the MMRD Act is absolutely illegal and in teeth of Sec. 22 of the MMRD Act, inasmuch as, the cognizance for the offence under the said Act is absolutely barred, except upon the complaint made in writing by a person authorised in this behalf by the Central Government or the State Government. It is submitted that since the present case relates to police case and not a complaint by the authorised person, the impugned order taking cognizance, as also the entire criminal proceeding against the petitioner in the said Balumath P.S. Case No. 32 of 2012 cannot be sustained in the eyes of law and the same are fit to be quashed.;