HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

Date of Decision: 28.02.2025 ****

Zorawar Singh ... Petitioner VS.

State of Punjab ... Respondent ****

CORAM: HON’BLE MR.JUSTICE SANDEEP MOUDGIL ****

Present: Mr. Rishav Jain, Advocate and Mr. Kanish Jindal, Advocate for the petitioner ****

Sandeep Moudgil, J. (Oral)

(1). This petition under Section 528 BNSS has been filed by the petitioners with a prayer to quash the FIR No.14 dated 21.01.2022 under Section 379 IPC and Section 21 of Mines and Minerals (Development and Regulation) Act, 1957.

(2). Learned counsel for the petitioner contends that the petitioner was not caught at the spot as he was not driving the tractor and has been named in the FIR since the said tractor was registered in the name of the petitioner and a perusal of the FIR itself would show that the police did not witness any illegal mining at the spot.

(3). It is vehemently argued that Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 (in short, the MMDR Act) specifically provides that no Court can take cognizance of an offence under this Act, other than on a written complaint to the Court by the authorized officer, as such, the criminal proceedi