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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Prakash – Appellant
Versus
State Of Tamilnadu, Rep. By The Inspector Of Police – Respondent
ORDER :
L.VICTORIA GOWRI, J.
Preface:
This Criminal Original Petition is filed under Section 482 Cr.P.C., 1973, seeking to call for the records relating to the charge sheet in P.R.C.No.18 of 2025 on the file of the learned Principal District Munsif-cum-Judicial Magistrate Court, Thiruppathur, and to quash the same, insofar as the petitioners are concerned, where the final report has been laid for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (theft) and Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as, “MMDR Act”). The petitioners also seek a consequential interim relief for dispensing with personal appearance in P.R.C.No.18 of 2025 pending disposal of the main petition.
Case of the Prosecution:
2. The prosecution case, in substance, is that on 15.02.2025 at about 20:00 hours, while the de-facto complainant and another official were on patrol near Maangudi, they allegedly found the petitioners engaged in illegal extraction/removal of sand without lawful permit. It is alleged that the sand was being removed from the land stated to be owned by Abbas (father of the 2nd petitioner) by using an eart
Cognizance for offenses under the MMDR Act requires an authorized officer's complaint, not a police report; theft allegations fail when removal is from one's own land for agricultural purposes.
The court emphasized the distinct nature of offences under the MMDR Act and the IPC, highlighting the interpretation of Section 22 of the MMDR Act and the ingredients constituting the offence of thef....
Cognizance of offences under the MMDR Act requires a complaint from an authorized person; without it, proceedings cannot be sustained.
Cognizance for offences under mining statutes requires a written complaint by an authorized officer; IPC cognizance valid if essential theft elements are met.
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.
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