The court clarified that the complaint is directed to be continued under the provisions of Indian Penal Code as invoked by the respondent authority, and held that the complaint and charge-sheet under the MMDR Act, 1957 were not maintainable due to explicit bar under Section 22 of the MMDR Act.

ORDER :

1. Heard Mr. Ujwan, learned advocate for Mr. Hardik H. Dave, learned advocate for the applicant and Mr. Soaham Joshi, learned Additional Public Prosecutor appearing for the respondent – State.

2. By way of present application, the applicant herein has prayed for quashing of complaint being I-C.R.No.12 of 2014 filed under Section 379, 467, 468 and 471 of the Indian Penal Code and Section 4(1)(a) of the Mines and Minerals (Development and Regulation) Act, 1957 and Rules 4, 68 and 71 of the Gujarat Minor Minerals Concession Rules - 2010 and Section 3, 5, 6 and 13 of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Conservation Rules, 2005) and subsequent filing of chargesheet being CC/1566/2014 before the learned Chief Judicial Magistrate, Vyara, qua the present applicant.

3. The applicant herein has prayed for the following reliefs :-

"i. Quash and set aside the complaint being I - CR. No. 12/2014 under section 379, 467, 468 and 471 of the IPC and Section 4(1)(a) of the Mines and Minerals (Development and regulation Act, 1957) and Rules 4, 68 and 71 of the Gujarat Minor Minerals Concession Rules - 2010 and Section 3, 5, 6 and 13 of Gujarat Minerals (Prevention of Illegal Mining, Transportation and conservation Rules - 2005) subsequent filing of chargesheet being CC/1566/2014 before the Ld. Chief Judicial Magistrate, Vyara, qua the present applicant;

ii. pending admission and/or final disposal of this petition, proceedings in the complaint being I - CR. No. 12/2014 under section 379, 467, 468 and 471 of the IPC and Section 4(1)(a) of the Mines and Minerals (Development and regulation Act, 1957) and Rules 4, 68 and 71 of the Gujarat Minor Minerals Concession Rules - 2010 and Section 3, 5, 6 and 13 of Gujarat Minerals (Prevention of Illegal Mining, Transportation and conservation Rules - 2005) subsequent filing of chargesheet being CC/1566/2014 before the Ld. Chief Judicial Magistrate, Vyara, qua the present applicant; be stayed qua the present applicant;

iii. pass such orders as thought fit in the interest of justice."

4. Learned advocate appearing for the applicant stated that it is the case of the prosecution that the applicant herein having requisite licenses for conservation of sand in spite of restrictions on supply of the said material outside the boundary of the State of Gujarat, supplied the same to other co-accused persons and the same was transported without handing over any delivery challan or royalty pass to the driver of the truck in which the goods were supplied to the traders in State of Maharashtra.

5. It is further stated that the co-accused persons on basis of false royalty passes and delivery challan of a firm located at Jhallor, Rajashthan delivered the said sand to Dombivali, Maharashtra. Upon checking by competent authorities the said facts came to light and the impugned complaint came to be registered.

6. Learned advocate appearing for the applicant submitted that the applicant was arrested on 19.04.2014 and has been enlarged on regular bail by Criminal Misc. Application No.67 of 2014 by the learned Principal District Judge, Tapi.

7. Being aggrieved by the aforesaid complaint filed against the applicant herein, the applicant herein is constrained to approach this Court by filing the present application for the reliefs as stated above.

8. Learned advocate appearing for the applicant submitted that the applicant holds a valid license of mining license, transporting and storing sand minerals for further sell and that the applicant had only sold the sand to other accused and that the applicant was not aware about the fact that the other co-accused had plans to sell the same outside State of Gujarat and on the basis of false and fabricated royalty passes and delivery challans. It was also submitted that Section 22 of the MMRD Act provides that no Court shall take cognizance of any offence punishable under this Act or any rules made thereunder except upon complaint in writing made by a person au