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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
DINESHBHAI DAHYABHAI PATEL & ORS. – Appellant
Versus
STATE OF GUJARAT & ANR. – Respondent
| Table of Content |
|---|
| 1. factual basis for quashing an fir. (Para 1 , 2) |
| 2. arguments regarding the legality of the fir. (Para 3 , 4) |
| 3. court observations on illegal mining laws. (Para 5 , 6 , 8) |
| 4. discussion on jurisdiction and propriety of fir filing under mmdr. (Para 7) |
| 5. recognition of legal distinctions between ipc and mmdr offenses. (Para 9) |
| 6. final decision on the petitions filed. (Para 10) |
ORAL ORDER
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 , the applicant has prayed to quash and set aside the FIR being CR. I No.74 of 2015 registered with Mansa Police Station for the offences under Sections 379, 114 of Indian Penal Code read with sections 3, 5, 8 & 13 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation & Storage) Rules, 2005 and under Section 4(1- A) and 21 of the Mines and Minerals (Development and Regulation) Act and all the consequential proceedings arising therefrom.
2. Brief facts of the case is as under :-
2.1. The petitioners are engaged in the business of transportation of minerals and are owners of trucks bearing registration numbers GJ-18-AU-8719, GJ-18-AU-8713, and GJ-
24-AV-3965 respectively. On 10.06.2015, th
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