Court No. - 72
Case :- APPLICATION U/S 482 No. - 22447 of 2019 Applicant :- Mubeen Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Present application under Section 482, Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No.696 of 2019, under Section 4/21, Mines and Minerals Regulation and Development Act, 1857, P.S. Kapi, District Jalaun, pending in the court of Chief Judicial Magistrate, Orai, District Jalaun.
The contention of learned counsel for the applicant is that no case for the offence under Section 4/21, Mines and Minerals Regulation and Development Act is made out against the applicant, who is driver of the truck and the magistrate has illegally summoned the applicant vide order dated 28.2.2019.
From the perusal of the material available on record including the complaint, prima facie case against the applicant is made out.
Learned counsel for the applicant filed an application before the Mining Officer to the effect that the applicant wants to release his truck and admitted his offence. The offence is compoundable, therefore, learned counsel for the applicant is dircted to file proper application before the magistrate concerned within 15 days from today for compounding of the offence and in case such application is filed within the aforesaid period, the magistrate is directed to pass appropriate order on the application.
With the aforesaid observation, the application stands disposed of.
Order Date :- 31.7.2019 T. Sinha