IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
VINOD S. BHARDWAJ, J.
Jagdish Singh - Petitioner
Versus
State of Punjab - Respondent
CRM-M-66839 of 2025 (O&M), CRM-M-35908 of 2025 (O&M) CRM-M-60536 of 2025 (O&M), CRM-M-61811 of 2025 (O&M) and CRM-M-66761 of 2025 (O&M)
Decided On : 09-01-2026
JUDGMENT :
VINOD S. BHARDWAJ, J.
Giving rise to a question as to whether an FIR can be quashed and/or a final report be filed by the Police for offences under the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the Act of 1957) in light of the bar under Section 22 of the Act of 1957 and effect of Section 21(6) thereof, these five petitions are being decided by a common judgment.
2. Facts involved in the respective petitions are extracted as under:
CRM-M-66839-2025: Jagdish Singh Vs. State of Punjab.
2.1 Challenge in the above petition is to the FIR bearing No.165 dated 24.08.2020, registered under Section 21 (1) of the Act of 1957, read with Sections 279, 379 and 188 of the Indian Penal Code, 1860, Section 51(b) of the Disaster Management Act, 2005 and Section 3 of the Epidemic Diseases Act, 1897 (Challan presented for offences only under Section 21(1) of the Act of 1957), registered at Police Station Garhshankar, District Hoshiarpur, along with the final report and including the order dated 01.08.2025, whereby their application for discharge had been dismissed and charge has been framed for offences under Sections 21(1) of the Act of 1957 and Section 379 and 411 of the IPC.
2.2 The aforesaid FIR had been registered on the allegation that while patrolling in the area of City Garhshankar, an information was received regarding certain tippers illegally loaded with sand having been stopped near the Anandpur Sahib Road. Acting upon the said information, the police seized the tipper bearing registration No. PB-09-X-6953, which was found to be loaded with sand and was being driven by the petitioner herein. The ownership of the said tipper was disclosed to be that of one Karnail Singh. The petitioner failed to produce any valid permit or authorization to carry out mining operations or to transport sand, hence, the FIR was registered. The petitioner was arrested and was eventually released on regular bail. Investigation was completed whereupon final report under Section 173 Cr.P.C. was filed on 07.12.2022 for commission of offence only under the Act of 1957. Thereafter, the petitioner moved an application seeking discharge which was dismissed. Charges were framed not only for offence under the Act of 1957 but also for offences under Sections 379 and 411 of the Indian Penal Code.
CRM-M-35908-2025:
MANPREET SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER
3.1 Challenge in the case is to the FIR No.0043 dated 13.06.2024, registered under Section 21(1) of the Act of 1957 at Police Station Talwara, District Hoshiarpur, along with the final report filed under Section 173 Cr.P.C.
3.2 The above case was registered on the complaint of Sandeep Kumar, Sub Divisional Officer cum Assistant District Mining Officer, Sub Division, Dasuya, made to the effect that illegal mining activities were being carried out near Master Stone Crusher situated in village Alera, over the Panchayat land. Upon verification of the complaint, it was found that the owner of the stone crusher had undertaken illegal mining operations in excess of and also in violation of the permissions granted, thereby attracting the penal provisions of the Act of 1957. Upon completion of the investigation, the police filed the final report on 27.04.2025, the quashing whereof is sought in the present case.
CRM-M-60536-2025:
NASIB CHAND AND ANOTHER VS. STATE OF PUNJAB AND ANOTHER
4.1 Seeking quashing of FIR No.0133 dated 29.08.2023, registered under Section 21(1) and 4(1) of the Act of 1957, at Police Station Nangal, District Rupnagar along with the final report filed for offences under the Act of 1957 as well as under Section 379 of the IPC as well as the order dated 30.04.2025 framing charge against the petitioners, Nasib Chand and Sohan Singh, the instant petition has been filed.
4.2 As per the allegations, during a surprise inspection conducted at the Swan river (Nadi) in village Bhalan, three tippers were found engaged in illegal mining activities and were sough
Police lack authority to investigate under the Mines and Minerals Act without a complaint from an authorized person, reaffirming the necessity of compliance with statutory provisions.
Cognizance of offences under Sections 172 to 188 IPC requires a written complaint from the concerned public servant, as per Section 195 Cr.P.C., rendering proceedings without such complaint void.
Cognizance for offences under mining statutes requires a written complaint by an authorized officer; IPC cognizance valid if essential theft elements are met.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.