JUDGMENT :

B. PUGALENDHI, J.

Prayer: Petitions filed under Section 482 of the Criminal Procedure Code to expunge the remarks made against the petitioner by the learned Judicial Magistrate in C.C. Nos. 82 and 83 of 2013, respectively, dated 29.03.2016.

Appeals filed under Section 378 of the Criminal Procedure Code to call for the records in connection with the order passed by the learned Judicial Magistrate, Melur in C.C. Nos. 82 and 83 of 2013, respectively, dated 29.03.2016, and quash the same.

1. The Criminal Appeals in Crl. Appeal (MD) Nos. 373 and 374 of 2017 are filed by the State, under Section 378 Cr.P.C. as against the order passed by the learned Judicial Magistrate, Melur, under Section 256 Cr.P.C. in C.C. Nos. 82 and 83 of 2013, dated 29.03.2016.

2. By the said orders dated 29.03.2016, the learned Magistrate, dismissed the complaints filed by the District Collector, Madurai, for his non-appearance under Section 256 Cr.P.C. and acquitted the respondents/accused from the charges under Sections 4(1-A) r/w 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. Apart from the aforesaid offence, the complaints were also filed to confiscate the multi-colour granite blocks seized from the respondents/accused land in Keelayur Village, Melur Taluk and to dispose of the granite blocks as provided under Section 21(4-A) of the Mines and Minerals (Development and Regulation) Act, 1957. Aggrieved over the same, the State has preferred the criminal appeals.

3. While dismissing the complaints, the learned Magistrate has also made certain observations that Mr. Anshul Mishra, I.A.S. the then District Collector, Madurai, has filed the complaints in his official capacity as District Collector, Madurai, but as on the date of lodging of the complaint, he is not the District Collector, Madurai and thereby, committed the offence under Sections 181, 182, 193 and 199 IPC. The learned Magistrate further observed that the learned Special Public Prosecutors have also aided the complainant in the said offence and therefore, directed the Head Clerk to lodge a complaint under Section 197(1b) Cr.P.C. after getting appropriate orders from the Government.

4. Aggrieved over the aforesaid observations made by the learned Judicial Magistrate, Melur, in C.C. Nos. 82 and 83 of 2013, dated 29.03.2016, Mr. Anshul Mishra, I.A.S. the then District Collector, Madurai, has filed Crl. O.P. (MD) Nos. 7655 and 7656 of 2016, to expunge the remarks made against him.

5. When the appeals were listed for final hearing on 10.02.2020, a representation was made on behalf of the State about the pendency of the aforesaid connected criminal original petitions and sought to take them along with the appeals. Based on the said request, the matters were placed before the Hon'ble Administrative Judge of the Madurai Bench of Madras High Court and as per the orders of the Hon'ble Administrative Judge, the criminal original petitions were listed before this Court, as specially ordered case along with the appeals.

6. The grievance of the petitioner in the original petitions is that while he was discharging his duty as District Collector of Madurai District from 28.05.2012 to 06.07.2013, on receipt of complaints regarding illegal mining, transportation and storage of minerals in Madurai District, he formed a special team to conduct a comprehensive, scientific, systematic inspection in all the granite quarries in Madurai. In the said inspection, the special team noted several illegal quarry operations and submitted a report. Based on that report, the petitioner, as District Collector, has taken action in accordance with the Mines and Minerals (Development and Regulation) Act, by filing the complaints before the competent Court, namely, the learned Judicial Magistrate, Melur, as contemplated under Section 200 Cr.P.C. r/w 22 of Mines and Minerals (Development and Regulation) Ac