Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 31

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANDEEP N. BHATT, J.
RAJESHBHAI BHOLABHAI RAMANI – Appellant
Versus
STATE OF GUJARAT – Respondent
Criminal Misc. Application Nos. 2483, 3859, 3863, 3864 of 2016
Decided On : 11-01-2024

Advocates:
Advocate Appeared:
For the Appellant : KRUTI M. SHAH.
For the Respondent: DHAWAN JAYSWAL.

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.

Headnote:
Illegal Mining - Relief Scheme and Quashment of FIRs - Code of Criminal Procedure, 1973, Section 482; Indian Penal Code, Sections 379 and 114; Mines and Mineral (Regulation and Development) Act, 1957, Section 4(1)(A); Gujarat Mineral (Prevention of Illegal Mining Storage and Transportation) Rules, 2005, Rules 3, 5, and 6; Prevention of Damage to Public Property Act, 1984, Section 3
Fact of the Case:
The applicants were charged with overloading trucks carrying minerals, causing financial loss to the government. They availed the Relief Scheme, paid all dues, and requested withdrawal of police cases.
Finding of the Court:
The court found that the applicants had paid all dues under the Relief Scheme, and the government endorsed the withdrawal of cases. Citing the decision of Gian Singh vs. State of Punjab, the court exercised its powers to quash the FIRs and related proceedings against the applicants.
Issues: The main issue was whether the court should quash the impugned FIRs and related proceedings against the applicants in light of their compliance with the Relief Scheme.
Ratio Decidendi: The court relied on the Relief Scheme, which allowed for withdrawal of police cases upon payment of dues. It also invoked the decision of Gian Singh vs. State of Punjab to exercise its powers in favor of the applicants.
Final Decision: The court allowed the applications, quashed the impugned FIRs, and set aside the related proceedings against the applicants only.

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 for the offences punishable under Section 3 of the Prevention of Damage to Public Property Act, 1984.

1.4 Criminal Misc. Application No. 3864 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. 35 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.

2. The brief facts of the prosecution case, in substance, are that though the applicants have committed an offence of overloading the various truck carrying minerals and illegally and thereby caused financial loss to the Government.

2.1 On receiving the complaint, the concerned officer of the Geological Department, being an authorised officer, has inspected the place of offence and found the following irregularities:

(i) The applicants have illegally transported the sand by overloading in the various trucks.

(ii) The ingredients of the offence is made out.

(iii) Hence, the officers concerned have given written complaint to the police authority to lodge the FIRs against the applicants.

(iv) Hence, the impugned FIRs.

3. Heard learned advocates. Rule. Learned APP waives service of notice of rule on behalf of the respondents-State. With consent of the learned advocates, all these matters are taken up for hearing and final disposal today.

4. Learned advocates for the applicants have submitted that the offence is registered against the applicants allegedly by the authorities concerned. It is submitted that during the inspection, the authorities have found some irregularities by the applicants and therefore, the authorities have imposed penalty upon the applicants. It is submitted that in the year of 2022, the Industries and Mines Department, Government of Gujarat has launched Relief Scheme for such cases. It is submitted that as per Condition No. 6 of the said Relief Scheme, 2022, it is clearly stated that in an offence like cheating, bogus/dummy transit pass (royalty pass/delivery challan), obstruction in official duty, attack, etc. such cases will be settled by depositing the dues and the police cases thereof will be withdrawn. It is submitted that as per the said Scheme, 2022, the applicants have paid all the dues by various challans. It is submitted that the authorities concerned have, in turn, written a letter on to the concerned authority/police station for withdrawal of the police cases against the applicants as the applicants have paid all the dues as per the said Relief Scheme, 2022. It is submitted that since the applicants have paid all the dues to the Government, the impugned FIRs would not stand any further against the applicants and may be quashed. It is submitted that all these