SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Mad) 1233

M.NIRMAL KUMAR
Arivoli Anandaraj – Appellant
Versus
State Rep. by The Inspector of Police, Poraiyar Police Station, Nagapattinam – Respondent


Advocates Appeared:
For the Petitioner: Mr. M. Ahmed Fazil.
For the Respondent: Mr. Damodharan Counsel for Government (Crl. Side).

ORDER :

This Criminal Revision Petition has been filed seeking to set aside the impugned order passed by the learned District and Sessions Judge, Nagapatinam in Crl.M.P.No.596 of 2021 dated 22.02.2021 by allowing the revision petition.

2. It is seen that in majority of the cases, either the case has been registered by the respondent Police based on the complaint given by the Revenue Authorities or by the officials of the Mines and Minerals Department, the case properties/vehicles are taken into custody. After registration of FIR, despite specific order of the Division Bench of the Madurai Bench of Madras High Court in Review Applications (MD) Nos.80 to 82 of 2019 in W.P.(MD).No.19936 of 2017, 7595 and 21485 of 2018 that the Police as well the authorized officers are directed to inform the registration of the case to each other within a week, the same is followed in breach. Due to which, there have been no complaint filed as per Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957. The prosecution under the Indian Penal Code and the Mines and Minerals (Development and Regulation) Act, 1957 are distinct as held by the Hon'ble Apex Court in the case of “State (NCT

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top