Jivanbhai Merabhai Algotar vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 1780

SANDEEP N. BHATT
Jivanbhai Merabhai Algotar – Appellant
Versus
State Of Gujarat – Respondent

Advocates Appeared:
For the Applicants : Mr. Hardik Y. Kothari.
For the Respondents: Mr. Manan Maheta.

JUDGMENT :

(Sandeep N. Bhatt, J.)

1. By way of this application under Section 482 of the Code of Criminal Procedure, the applicants have prayed for quashing and setting aside the First Information Report (‘FIR’, for short) being FIR C.R. No.11211050230195 of 2023 dated 16.06.2023 registered with Thangadh Police Station, Surendranagar, for the offences under Sections 379 and 114 of the Indian Penal Code, Sections 4(1) and 4(1)(A) of Mines and Minerals (Regulations and Development) Act, 1957 and under Section 3 and 21 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005, 2016, 2017, which is ultimately culminated into Sessions Case No.44/2023 pending before the Court of learned Sessions Court, Surendranagar.

2. With consent of learned advocates for the parties, the matter is taken up for final hearing. Hence, Rule. Learned Additional Public Prosecutor Mr. Maheta waives service of notice of Rule on behalf of respondent – State.

3. It is the case of the applicants that the police made such allegations against them that on dt.10/06/2023, the applicants were riding the dumper filled in after mining the above said valuable minerals from the spot loca