IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VINOD S.BHARDWAJ
Jagdish Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
VINOD S. BHARDWAJ, J.
Giving rise to a question as to whether an FIR can be quashed and/or a final report be filed by the Police for offences under the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the Act of 1957) in light of the bar under Section 22 of the Act of 1957 and effect of Section 21(6) thereof, these five petitions are being decided by a common judgment.
2. Facts involved in the respective petitions are extracted as under:
CRM-M-66839-2025: Jagdish Singh Vs. State of Punjab.
2.1 Challenge in the above petition is to the FIR bearing No.165 dated 24.08.2020, registered under Section 21 (1) of the Act of 1957, read with Sections 279, 379 and 188 of the Indian Penal Code, 1860, Section 51(b) of the Disaster Management Act, 2005 and Section 3 of the Epidemic Diseases Act, 1897 (Challan presented for offences only under Section 21(1) of the Act of 1957), registered at Police Station Garhshankar, District Hoshiarpur, along with the final report and including the order dated 01.08.2025, whereby their application for discharge had been dismissed and charge has been framed for offences under Sections 21(1) of the Act of 1957 and Secti
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.
Cognizance of offences under Sections 172 to 188 IPC requires a written complaint from the concerned public servant, as per Section 195 Cr.P.C., rendering proceedings without such complaint void.
Cognizance for offences under mining statutes requires a written complaint by an authorized officer; IPC cognizance valid if essential theft elements are met.
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