JUDGMENT

Sureshwar Thakur, J. (Oral) - In FIR No.77 of 06.09.2010, registered at Police Station Sohana, District Mohali, the present petitioner is alleged to make illegal mining of minor minerals at Bhagomajra, near village Bairampur.

2. The FIR was lodged on anvil of a complaint made to the police, by Mining Officer of the area concerned, with allegations therein, that the petitioner herein is visiting breaches, upon Section 3 of The Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the 'Mines Act') inasmuch as, his lifting earth from his land, and, hence his also making consequent breaches qua Section 4(1) of the Mines Act.

3. After completion of investigations into the petition FIR, the learned trial Judge concerned, after issuance of summons, upon the present petitioner, rather successfully ensuring the personal appearance before him of the petitioner herein. However, at the pre-charge stage, he moved an application, seeking relief for his being discharged of the petition offences. However, the learned Judicial Magistrate concerned, through an order made thereons, on 20.07.2016, dismissed the apposite application claiming therein, relief qua the