[2026:RJ-JD:295]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7724/2025 Dinesh Punia S/o Shri Heera Ram, Aged About 38 Years, Resident Of Puniyo Ka Bas Rajpuriya Khara Bera Purohitan, Jodhpur ----Petitioner Versus

1. State Of Rajasthan, Through Pp 2. The Mining Department, Nagour ----Respondents For Petitioner(s) : Mr. Ram Niwas Bishnoi For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

06/01/2026 Learned counsel for the petitioner submits that in the present matter without filing any complaint under the MMCR Rules 2017, the vehicle has been confiscated on the basis of the FIR. It is alleged that the proceedings under the Mining Laws can be initiated upon filing of a complaint, at the instance of the Authorized Officer and cognizance of the offence can taken based upon the averments made in the complainant. It is further stated that Rule 56 proceeds with the non obstante clause to the effect that no Court shall take cognizance under the MMDA or Rules made thereunder except upon a complaint moved on behalf of the authorized officer. If any proceedings is undertaken by the Mining Department, the process