IMPORTANT POINT
Cognizance of mining offences requires a written complaint from an authorized person; without it, proceedings are unsustainable.

JUDGMENT :

(Anil Kumar Choudhary, J.)

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding including the FIR in connection with Ramgarh P.S. Case No. 253 of 2020, and further to quash the order dated 18.01.2021 passed by the learned Chief Judicial Magistrate, Ramgarh whereby and where under, learned Chief Judicial Magistrate, Ramgarh has taken cognizance for the offences punishable under Section 414 of Indian Penal Code, Section 30 (ii) of Coal Mines Act, Rule 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rule, 2017 and Section 21 of Mines and Minerals (Development and Regulation) Act, 1957.

3. The allegation against the petitioner is that the form-B issued in favour of the petitioner in terms of the provision of Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rule, 2017 was suspended for all kinds of works but on inspection of the factory premises on 24.07.2020 of M/s Jharkhand Ispat Private Limited Hesla, Ramgarh, the informant-District Mining Officer, Ramgarh found that in-spite of suspension of dealer’s licence the company was engaged in activity in violation of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rule, 2017 and was involved in carrying out mining activity and huge amount of coal and dolomite were found stored in the premises of the Jharkhand Ispat Private Limited; which is in violation of the said Rules.

4. It is submitted by the learned counsel for the petitioner that the petitioner is one of the directors of the said company namely M/s Jharkhand Ispat Private Limited. Relying upon the judgment of this Court in the case of Manish Kumar Shah @ Manish Kumar Sah vs. The State of Jharkhand in Cr.M.P. No. 2753 of 2023 dated 01.05.2024, paragraph no. 10 of which reads as under:-

“10. Having heard the submissions made at the Bar and after going through the materials in the record, in view of the principle of law settled both in the case of Jayant and Others Vs. State of Madhya Pradesh and State (NCT of Delhi) Vs. Sanjay (supra), as already referred to above in the foregoing paragraphs of the Judgment, this Court has no hesitation in holding that the law is well settled that cognizance of the offences punishable under the penal provisions of the Mines and Minerals (Development and Regulation) Act or any Rules made thereunder, can only be taken by a court competent to take cognizance of such offence, only upon complaint in writing by a person authorized by the Central Government or the State Government. In para -72 of the Judgment of Hon’ble Supreme Court of India in the case of State (NCT of Delhi) Vs. Sanjay (supra), the Hon’ble Supreme Court has clarified that the said Section 22 will not debar the State Police in registering cases for the offences punishable under Section 379 of the Indian Penal Code or any other offence which is punishable under the penal provision of law other than the penal provisions as mentioned in Mines and Mineral (Development and Regulation) Act or any Rules made thereunder; and the Magistrate can take cognizance of such offences; in exercise of the jurisdiction vested upon the Magistrates under section 191 (1) (d) of the Code of Criminal Procedure.”

It is submitted by the learned counsel for the petitioner that this Court has reiterated the settled principle of law that cognizance of the offences punishable under the penal provision of the Mines and Minerals (Development and Regulation) Act or any Rules made thereunder, can only be taken by a court competent to take cognizance of such offence, only upon the complaint in writing by a person authorized by the Central Government or the State Government.

5. It is next submitted by the learned counsel for the petitioner that no complaint has been filed directly to the Magistrate or any court concerned in this case h