JUDGMENT :

1. Heard Sri Arvind Singh, learned counsel for the applicant and Sri Vinod Kant, learned Additional Advocate General appearing along with Sri Pankaj Saxena, learned Additional Government Advocate-I and Sri Arvind Kumar, learned Additional Government Advocate for the State-opposite parties.

2. The present application under Section 482 CrPC has been filed seeking to quash the chargesheet no. 19 of 2019 dated 30.05.2019 and cognizance order dated 27.08.2020 along with entire proceedings of Case No. 6772 of 2020 (State Vs. Dinesh Sharma and others) under Section 4, 21 of the Mines and Minerals (Development and Regulation) Act, 1957, [MMDR Act] read with Rules 3, 57, 70 of Uttar Pradesh Minor Minerals (Concession) Rules, 1963[the Concession Rules] and Sections 379, 411 Indian Penal Code[the Penal Code], Police Station Chopan, District Sonebhadra arising out of Case Crime No. 274 of 2018 pending in the court of Chief Judicial Magistrate, Sonebhadra.

3. The principal ground which is sought to be raised in order to raise a challenge to the proceedings is that the provisions under Sections 21 and 22 of the Mines and Minerals (Development and Regulation) Act, 1957 would operate as a