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ANIL KUMAR CHOUDHARY
Ram Chandra Rungta, son of late Ram Kumar Rungta – Appellant
Versus
State of Jharkhand – Respondent
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
Cognizance of mining offences requires a written complaint from an authorized person; without it, proceedings are unsustainable.
Cognizance of offences under the Mines and Minerals Act requires a complaint from authorized personnel; proceeding based on an FIR is not valid.
The central legal point established in the judgment is the requirement for a valid written complaint by an authorized person for taking cognizance of an offence under the Mines and Minerals (Developm....
No offence was established against the petitioner under the cited laws as allegations were insufficient, leading to quashing of the F.I.R. and proceedings.
Interpretation of vaioud relevant provisions of Code under Chapter XIV and of principles of law enunciated by this Court in a series of decisions relating to exercise of extraordinary power under Art....
The provisions of Section 22 of the MMDR Act do not operate as a complete and absolute bar for taking action by the police for illegal and dishonestly committing theft of minerals, and the police hav....
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