ORDER :

1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent State.

2. The above applications have been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the following First Information Reports (FIR) and the proceedings initiated in pursuant thereto :-

(a) II-C.R. No.3024 of 2011 registered with Sutrapada Police Station, Junagadh for the offences punishable under Sections 379 and 114 of the Indian Penal Code, under Sections 3, 5, 6, 8 and 13 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage Rules, 2017) and under Section 4(1)(a) of the Mines and Mineral (Regulation and Development) Act, 1957. The said FIR culminated into Criminal Case No.2061 of 2012 which is pending in the Court of the learned Judicial Magistrate First Class (JMFC), Sutrapada.

(b) II-C.R. No.3025 of 2011 registered with Sutrapada Police Station, Junagadh for the offences punishable under Sections 379 and 114 of the Indian Penal Code, under Sections 3, 5, 6, 8 and 13 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage Rules, 2017) and under Section 4(1)(a) of the Mines and Mineral (Regulation and Development) Act, 1957. The said FIR culminated into Criminal Case No.2060 of 2012 which is pending in the Court of the learned Judicial Magistrate First Class (JMFC), Sutrapada.

3. Learned Senior Counsel for the applicants Mr. I.H. Syed has relied on the judgment of the Hon’ble Apex Court in the case of Jayant and Others v. State of Madhya Pradesh reported in 2021 2 SCC 670 to submit that the impugned First Information Reports would not be maintainable and the subsequent proceedings are required to be quashed and set aside since the learned JMFC, Sutrapada would not have any jurisdiction / authority to take cognizance in the matter as the proceedings are barred before the learned JMFC as Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to in short as ‘the MMDR Act’) provides for lodging of a private complaint under Section 2(g) of the Code of Criminal Procedure, 1973 (hereainafter referred to in short as ‘Cr.P.C.’) by an authorized officer under the Act. It is submitted that the MMDR Act would prevail over the provisions of the Cr.P.C. and hence, no Court can take cognizance of the offence punishable under the MMDR Act or Rules on First Information Report filed at a Police Station. Thus, it is further submitted that the both the First Information Reports are required to be quashed and set aside.

4. On the other hand, learned Additional Public Prosecutor Mr. Dhawan Jayswal submitted that there is a settled position of law in the above case of Jayant and Others (supra). It is further submitted that necessary and useful information are required to be provided to the authorities under the MMDR Act and even to the police and the concerned Magistrate since by the Notification of the Legal Department, Sachivalaya, Gandhinagar dated 29.07.2022, the designated Court under the Act has to try the offences as a Special Court for the offences in contravention of the provisions of sub-section (1) or sub-section (1A) of Section 4 of the MMDR Act.

5. A perusal of the First Information Reports (FIR’s) show that both the FIR’s are registered at the Sutrapada Police Station, Junagadh. The FIR bearing II-C.R. No.3024 of 2011 came to be filed by Kanchanben Bhagwanbhai Jadav, the Sarpanch of Village Dhamrej while the complainant in FIR bearing II-C.R. No.3025 of 2011 is the Royalty Inspector, Veraval – Mr. J.R. Patel.

6. Qua FIR bearing II-C.R. No.3024 of 2011, as per the complainant, the Sarpanch, the Hon’ble Minister of Parliament on 14.02.2011 had certified about the illegal excavation of mines and minerals in Survey No.79 at Village Dhamrej, Taluka Sutrapada and under the instructions of the Geologist on 09.03.2011 alongwith the staff as well as Talati cum Mantri, Detroj, the Sarpanch had