Point of Law: No reason to invoke the provisions of sections of Indian Penal Code where the absolute discretion is given to the authorised officer under Mines and Minerals (Development and Regulation) Act, 1957

ORDER :

1. The petitioner-original accused has filed this petition seeking following reliefs:

“15(A) This Honourable Court may be pleased to quash the FIR being First Information Report vide Crime Register No. I – 33/2019 lodged with Prabhas Patan Police Station, in the interest of justice.

(B) This Honourable Court may be pleased to grant interim relief by staying further proceedings in respect of First Information Report vide Crime Register No. I – 33/2019 lodged with Prabhas Patan Police Station, in the interest of justice.

(C) This Honourable Court may be pleased to grant such other and further relief/s as may be deemed fit, just and proper in the facts and circumstances of the case, in the interest of justice and equity.”

2. Heard Mr. M.T.M.Hakim, learned advocate for the applicant and Ms. Monali Bhatt, learned APP for the respondent-State.

2.1 It is stated by learned advocate Mr.Hakim that allegations are of lime stone minerals being loaded in five trucks from the mining lease situated at Village Januda which is in the name of R.J.Trivedi, where the applicant is working as a supervisor who had collected the password of the computer from the computer operator of Malundha Village and it is alleged by the prosecution that fake receipts and royalty pass of the closed mining lease of Malundha was prepared and the weighing of the minerals was also done in the name of said lease and it is alleged to have issued the receipt from the lease situated at Village Januda as well as from the lease situated at Shantipura, Village Malundha.

2.2 Learned advocate Mr. Hakim stated that the allegation of the police are of loading the lime stone mineral from a common place and creating the fake documents by applying the ID password of the lease, using the said fake document, as genuine and true document, eventhough knowing the same to be fake and concocted document, and by giving the same to the drivers, hatching of criminal conspiracy, and through the said bogus and fake royalty passes, made transition of the minerals by committed breach of trust and cheating.

2.3 Mr. Hakim, learned advocate further submitted that there are two mining leases in the name of R.J.Trivedi; one is situated at Village Januda and another is situated at Village Malundha and the applicant is working as supervisor in both the mines and both the mines are situated in the same area which is situated in Junagadh and Gir Somnath Districts; that means in between the village the border of the Districts are intersected where adjoining there is one another mining lease. It is stated by learned advocate Mr. Hakim that, for better administration, R.J.Trivedi and Company has installed the weigh bridge at the site of mining lease situated at Shantipura, District Gir Somnath, whereas the said weigh bridge is common for all the three mining leases and the CCTV Footage system and computer system is also installed. The loaded vehicles of the three mines come to the weigh bridge and royalty pass also were issued from the said place.

2.4 It is stated by learned advocate Mr. Hakim that, in the present case, five trucks were loaded from the mining leases situated at Januda village, and due to bonafide mistake, the Royalty Pass was issued of the mining lease of Malundha Village. The said incident had occurred on 20.03.2019. Thereafter the applicant as well as the mines owner had given explanation of the bonafide mistake, and on the basis of the said request, the informant has addressed a letter to the Geologist, Gir Somnath, and it is contended that, no FIR ought to have been lodged.

2.5 Referring to the opinion of Geologist dated 26.03.2019 and 01.04.2019 of Gir Somnath and Junagadh Districts, learned advocate Mr. Hakim submits that M/s. R.J.Trivedi and Company is doing this mining business since 1976 and that his brother Sukhdev Jayantilal Trivedi had also been sanctioned mining lease for lime stone since 04.09.1964. As per the report of Geologist, the query raised by the police in context of th