Cognizability of offences under different Acts and Rules determines the permissibility of lodging an FIR and quashing the same.

JUDGMENT :

1. Heard learned counsel for the petitioner and learned A.G.A. for the State.

2. The instant writ petition seeks quashing of the FIR dated 21.05.2023 giving rise to Case Crime No.177 of 2023, under Sections 379 I.P.C. & Sections 3(1), 58, 72(1) of the U.P. Minor Mineral (Concession) Rules, 2021, Sections 4, 21 of Mines and Minerals (Regulation of Development) Act 1957 and Sections 3, 4 of the Prevention of Damage to Public Property Act, 1984 at Police Station Sarai Akil, District Kaushambi.

3. The contention of learned counsel for the petitioner is that no offence is disclosed from the allegations in the FIR.

4. It is next contended that no mining was being carried out on the spot at the time of the surprise inspection carried out by the S.D.M., Chail, the Circle Officer, Chail and the Mining Officer, Chail. In any case, the offences are compoundable. Moreover, Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as “the Act, 1957”) clearly provides that “No court shall take cognizance of any offence punishable under this Act or any rules made thereunder except upon complaint in writing made by a person authorised in this behalf by the Central Government or the State Government.” Therefore, the first information report could not be lodged.

5. It is next contended that Rule 72(1) of the U.P. Minor Mineral (Concession) Rules, 2021 (hereinafter referred to as “the Rules, 2021”) only provides that “a holder of a mining lease or permit or his agent is required to issue a pass in Form MM-1I or Form e-MM-11 to any person carrying, a consignment of minor mineral by a vehicle, animal or any other mode of transport.”

6. He has also referred to following Rules to support this contention, namely:-

(i) Section 3(1) of the Rules permits “ mining operations in an area to which the rules apply only in accordance with the terms and conditions of a mining lease or mining permit”

(ii) Section 58 of the Rules provides the “penalties or contravention of the provisions of rule 3. It lays down that on conviction for contravention of provisions of Rule 3, imprisonment of either description for a term which may extend up to five years or with fine which shall not be less than of 2 lacs rupees per hectare and which may extend to five lacs rupees per hectare of the area, or with both.”

and

(iii) Rule 76 of the Rules which provides that “No court shall take cognizance of any offence punishable under these rules except on a complaint in writing made by the District Officer or any officer authorised by him in this behalf”

7. Learned AGA has opposed the writ petition and has stated that the FIR also alleges an offence under the Indian Penal Code namely Section 379 IPC, which is a cognizable offence. Therefore, the FIR cannot be quashed. He has also relied upon the decision of the Apex Court in Jayant etc. Vs. State of Madhya Pradesh, to submit that there is no bar to the lodging of an FIR even where cognizance is barred except on a complaint in writing by the duly authorized officer for contravention of the provisions of the U.P. Minor Minerals (Concession) Rules, 2021 (hereinafter referred to as “the Rules, 2021”).

8. We have considered the submissions made by learned counsel for the parties and perused the record.

9. The FIR alleges that during a surprise inspection held on the intervening night of 20/21.05.2023, it was discovered that mining had been carried out in an area of 40 m x 58 meters x.7 meter beyond the area, which was subject matter of a lease in favour of M/S Maa Vaishno Traders, whose proprietor was Jagdish Prasad, the petitioner and that the same amounted to theft of a minor mineral. The mined material had also been transported contrary to law.

10. The offences alleged against the petitioner or under four enactments, The Indian Penal Code, The Prevention of Damage to Public Property Act, 1984, The Mines and Minerals (Development and Regulation) Act, 1957 and the U.P. Minor Minerals (Concession)