ORDER :

1. The present petition is moved under Section 482 of the Code of Criminal Procedure, 1973 (for Short ‘Code’) with a prayer to quash and set aside the complaint being II-C.R. No.17/2017 dated 18.05.2017 under Sections 3, 5, 6 and 13 of Gujarat Minerals (Prevention of Illegal Mining, Transportation And Storage) Rules, 2005 and Sections 4(1-A) and 21 of the Mines And Minerals (Development And Regulations) Act, 1957 (for short ‘MMRD Act’), registered at Gir Gadhada Police Station, culminated as Criminal Case No.1894/2017 before the Judicial Magistrate, First Class, Gir Gadhada.

2. The F.I.R. has been lodged by respondent no.2 – Assistant Geologist, Gir Somnath Office, Gir Somnath with allegation that excavation is being carried out in the land belonging to the applicant. Section 379 of the I.P.C. was prayed to be added vide application of A.S.I., Gir Gadhada Police Station and the learned Judicial Magistrate, Gir Gadhada by an order dated 25.09.2017 permitted to add the same in the F.I.R.

2.1 The applicant states that the F.I.R. is absolutely false and no such offence has been committed by him. He is residing at the place far away from the land, as noted in the F.I.R. The applic