Court No. - 69
Case :- APPLICATION U/S 482 No. - 36461 of 2019 Applicant :- Kamil Opposite Party :- State Of Up And Another Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin, J.
The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the impugned Charge-Sheet dated 13.11.2015 as well as cognizance order dated 21 of 2016, including entire proceeding of Criminal Case No. 616 of 2016 - (State Vs. Mohammad Shahnawaz and others), arising out of Case Crime No. 346 of 2015 under Sections 4/21, Mines & Minerals (Regulation & Development) Act, 1957, Police Station - Kharkhauda, District - Meerut, pending in the Court of Chief Judicial Magistrate, Meerut. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and the learned A.G.A appearing for the State.
It is submitted by the learned counsel for the applicant that in pursuance of the F.I.R of Case Crime No. 0346 dated 19.08.2015, the matter was investigated and charge-sheet was submitted against the applicant and cognizance in this matter was also taken by the Chief Judicial Magistrate, Meerut on 21.06.2016.
As per Section 22 of Manual of Mines & Minerals (Regulation & Develop.) Act, 1957, "No court shall take cognizance of any offence punishable under this Act or any rule made thereunder except upon complaint in writing made by a person authorized in this behalf by the Central Government or State Government."
Learned A.G.A has submitted that the congnizance has been taken mistakenly by the Court, overlooking the provisions of Section 22 of Manual of Mines & Minerals (Regulation & Develop) Act, 1957.
In view of the provisions of Section 22 of the aforesaid act, cognizance can be taken by the Magistrate only on a complaint in writing made by a person authorized by the Central Government or State Government. In the instant case, cognizance has been taken by the Magistrate not on the complaint made by a person authorized in this behalf by the Central Government or State Government but on the Charge-sheet submitted by Police after investigation. Thus the cognizance taken by the Chief Judicial Magistrate, Meerut is not legally permissible, in view of Section 22 of Manual of Mines & Minerals Act (Regulation & Development Act 1957), hence the proceedings out of the cognizance will be nothing but an abuse of process of the Court. Accordingly, in the facts and circumstances of the case, the charge-sheet dated 13.11.2015 as well as cognizance order dated 21.01.2016, including the entire proceedings of Criminal Case No. 616 of 2016 arising out of Case Crime No. 346 of 2015 (State Vs. Mohammad Shahnawas & others), under Section 4/21 - of the Mines and Minerals (Regulation & Develop) Act, 1957, Police Station - Kharkhauda, District - Meerut, is hereby quashed.
With the above observations, the application is allowed. Order Date :- 30.09.2019.
Vinod.