JUDGMENT :

VIVEK AGARWAL, J.

1. Sri. A.K.S. Bais, learned counsel for the applicant and Sri. Vikas Goswami, learned AGA for the State.

2. This application under Section 482 Cr.P.C. has been filed by the applicant- Abdul Rashid seeking quashing of the entire proceedings of the Criminal Case No. 2927 of 2020 (State vs. Saleem and Another) arising out of impugned charge sheet dated 17.02.2020 submitted in Case Crime No. 17/2020, under Section 379, 411 IPC and 2/3, Prevention of Damage to Public Property Act, 1984, Police Station Chilkana, District Saharanpur.

3. Applicant has also challenged the impugned order of cognizance dated 20.07.2020 passed by learned A.C.J.M. 1st, Saharanpur on two grounds, namely, as per the provisions contained in Section 26 of the General Clauses Act, 1897, it is submitted that where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either of any of those enactments but shall not be liable to be punished twice for the same offence.

4. It is further submitted that there are elaborate provisions under the Mines and Minerals (Development and Regulation) Act, 1957 for institu