Phool Chandra vs State of U. P. - 2023 Supreme(All) 2400

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2400

SANJAY KUMAR SINGH
Phool Chandra – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Suneel Kumar Mishra
For the Opposite Party : G.A.

JUDGMENT

Sanjay Kumar Singh, J.

Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

2. This application under Section 4 82 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 01.04.2018 arising out of Case Crime No. 23 of 2018, cognizance/summoning order dated 25.08.2018 and proceedings of Case No. 5978 of 2018, under Section 4 /21 of Mines and Minerals Act, 1957 and Section 3 of The Prevention of Damage to Public Property Act, Police Station Ahraura, District Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur.

3. The issue involved in the matter lies in a very narrow compass. The main substratum of argument of learned counsel for the applicant is that vide impugned cognizance/summoning order dated 25.08.2018, the applicant has been summoned under Section 3 of The Prevention of Damage to Public Property Act and Sections 4 /21 Mines and Minerals (Development and Regulation) Act to face trial, whereas the Magistrate concerned was not empowered to take cognizance on the police report for the alleged offence under Sections 4 /21 Mines and Minerals (Deve

Click Here to Read the rest of this document