IMPORTANT POINT
Police lack authority to investigate under the Mines and Minerals Act without a complaint from an authorized person, reaffirming the necessity of compliance with statutory provisions.

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 location. It is the case of the applicants that the said dumper was not owned by them or taken on lease, but the said dumper was owned by one of their relative, and they went on the spot location only to convince the police authorities present there, as a result of which the police authorities present there got excited on the applicants, and registered the impugned F.I.R. on the present applicants.

3.1 The applicants submit that thereafter, on dt.16/06/2023, applicant no. 2 Ganpatbhai Ambalal Patel, who resides at Gandhiangar, and he is having lease at Jamwadi, and near him, the farm of applicant no. 1 is situated, and therefore the applicant/accused no. 1 and 2 are friends and neighbors, and therefore applicant/accused no. 2 requested applicant/accused no. 1 to take care of his lease work and labors. And thereafter, on dt. 9/6/2023, the geologists visited the lease land spot location and issued a penalty to the applicant/accused no. 2 having his lease land at the spot location, and the applicant/accused no. 2 clarifies that the lease is not regarding any mining and it is for stone, and the applicant/accused no. 2 has not executed any power of attorney or any type of document or deed in favor of applicant/accused no.1.

3.2 After registering of the FIR, ultimately the case culminated into Sessions Case No.44/2023 pending before the Court of learned Sessions Court, Surendranagar.

4.1 Heard learned advocate Mr. Hardik Y. Kothari for the applicants has submitted that the impugned FIR is nothing but abuse of process of law as well as the allegations made against the present applicants in the FIR are vexatious and concocted and in fact the applicants are victims. It is further submitted that if the FIR is not quashed and set aside, the applicants would have to face the trial unnecessary and that would amount to harassment of the applicants. He has submitted that even otherwise, the complainant has lodged the complaint belatedly and the inordinate delay is not explained by the complainant satisfactorily.

4.2 In support of his submissions, he has relied upon the judgment of the Hon’ble High Court of Madhya Pradesh reported in (2009) M.P. 264, wherein, it is held that the order to refuse to take cognizance and release of accused does not amount to charges, or tried, or convicted or acquitted under Section 300 of the Cr.P.C. and therefore, submits that, to take even when cognizance is absence of complaint of competent public servant, the defect may be cured and a complaint may again be filed before the cognizance in same case.

4.3 Learned advocate Mr. Kothari for the applicants submitted that in view of provisions of Section 22 of the Mines and Minerals (Regulations and Development) Act, 1957, the Police has no power to investigate the offence punishable under Sec