SANDEEP N. BHATT
RAJESHBHAI BHOLABHAI RAMANI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1.1 Criminal Misc. Application No. 2483 of 2016 is filed by two applicants under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the impugned FIR being C.R. - I No. 21 of 2016 registered with the Kosamba Police Station, District Surat for the offences punishable under Sections 379 and 114 of the Indian Penal Code, Section 4(1)(A) of the Mines and Mineral (Regulation and Development) Act, 1957 and Rules 3, 5 and 6 of the Gujarat Mineral (Prevention of Illegal Mining Storage and Transportation) Rules, 2005.
1.2 Criminal Misc. Application No. 3859 of 2016 is filed by one of the above two applicants under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the impugned FIR being C.R. - II No. 33 of 2016 registered with the Kamrej Police Station, District Surat for the offences punishable under Section 3 of the Prevention of Damage to Public Property Act, 1984.
1.3 Criminal Misc. Application No. 3863 of 2016 is filed by one of the above two applicants under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the impugned FIR being C.R. - II No. 31 of 2016 registered with the Kamrej Police Station, District Surat
The court can exercise its powers to quash FIRs and related proceedings if the accused have complied with a relief scheme and paid all dues to the government.
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....
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
Criminality of the concerned person cannot be found since the act of misusing the Royalty Pass of another mines for transporting the mines from another lease could be compounded and it is absolute di....
The court emphasized the distinct nature of offences under the MMDR Act and the IPC, highlighting the interpretation of Section 22 of the MMDR Act and the ingredients constituting the offence of thef....
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