JUDGMENT :

[Yogendra Kumar Srivastava, J.]

1. Heard Sri Rajesh Kumar Mall, learned counsel for the applicant and Sri Pankaj Saxena, learned Additional Government Advocate-I for the State-Opposite party.

2. The present application under Section 482 of the Code of Criminal Procedure, 1973 (The Code) has been filed seeking to quash the entire proceedings as well as the Cognizance Order dated 5.9.2019 passed by the Additional Chief Judicial Magistrate, Court No. 5, Prayagraj in Case No. 1841 of 2019 (State v. Bhawarjeet Singh and others), arising out of Case Crime No. 367/2018, under Section 379 Indian Penal Code, 1860 (Penal Code) and Section 4 and 21 Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act), Police Station Sankargarh, District Prayagraj.

3. It is pointed out that proceedings in the present case were initiated pursuant to an FIR dated 25.11.2018 lodged under Section 379, 411 of the Penal Code and Section 4, 21 of the MMDR Act and a police report under Section 173(2) of the Code dated 24.12.2018 was filed whereupon cognizance was taken by the learned Magistrate on 5.9.2019 and the applicant has been summoned.

4. It is submitted that in so far as the offences