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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B.Pugalendhi
Selvaraj @ Veppadai Selvaraj – Appellant
Versus
Inspector of Police, Chindhamanipatti Police Station – Respondent
ORDER :
B.Pugalendhi, J.
The petitioner is an accused in Crime Nos.318 of 2021, 52 of 2022 & 53 of 2022 on the file of the Chindhamanipatti Police Station, Karur District, registered for the offence u/s.379 IPC & 21(1) of the Mines and Mineral (Development & Regulation) Act [hereinafter referred to as 'MMDR Act']. All these three cases have been registered at the instance of the respective second respondents / official from the Department of Geology and Mining on 13.11.2021 and 27.03.2022 respectively. The respondent Police has completed the investigation and also filed the final report, which are now taken on file by the learned Judicial Magistrate No.1, Kulithalai, in CC.Nos. 171, 217, 219 of 2023, respectively. The petitioner has filed these criminal original petitions to quash the charge sheet pending against him.
2.Learned Counsel for the petitioner submitted that the final reports have been filed as against the petitioner for the offence u/s.379 IPC and 21(1) of the MMDR Act. With regard to the offence under the MMDR Act, the law is settled in Sengol & Others v. Inspector of Police, R.S.Mangalam Police Station & Others [2012 (2) CTC 369] that the complaint has to be filed only b
Complaints under the Mines and Minerals (Development and Regulation) Act must be filed by authorized officers, while dual prosecution under IPC and the MMDR Act is permissible when following proper p....
The Inspector must file separate complaints for mines and minerals violations, while maintaining IPC charges can proceed under existing investigations.
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.
Bar under sub-section (2) of Section 23-A shall not affect any proceedings for the offences under IPC, such as, Section 379 and 414 IPC, which shall proceed further in accordance with law.
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