Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Kulwant Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') seeking quashing of FIR No.178 dated 25.10.2017 registered under Section 21(1) Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter 'MMDR Act') at Police Station Ajnala, District Amritsar (Rural) and all subsequent proceedings arising therefrom.
2. Succinctly, the facts are that the petitioner is the owner of 10-12 acres of land in village Chhana, Tehsil Ajnala, District Amritsar. The Authorised Officer (Mining), Ajanala marked a complaint regarding illegal supply of sand to the SHO from the Mining Officer, Block Ajanala. On reaching the spot, the police party found instances suggesting illegal supply of sand however, no mining was seen. A varma (machine used to mine sand in water), belonging to the petitioner, was found on the said land.
3. Learned counsel for the petitioner submits that the husband of the petitioner, namely, Baldev Singh Sirsa is a social activist and has filed multiple petitions regarding illegal mining of sand, illegal occupation of panchayat land, plight of sugarcane farmers etc. Due to th
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.
The court clarified that the complaint is directed to be continued under the provisions of Indian Penal Code as invoked by the respondent authority, and held that the complaint and charge-sheet under....
The police cannot register FIRs under the MMDR Act without a prior complaint to the Magistrate, and allegations of cheating must demonstrate fraudulent intent, which was absent in this case.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
