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IN THE HIGH COURT OF ALLAHABAD
Sanjay Kumar Singh, J.
Imran And Others - Appellant
Vs.
State Of U.P. And Another - Respondent
Application U/S 482 No. 16700 of 2019
Decided On : 10-07-2019
CRIMINAL - QUASHING OF FIR - MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 - SECTION 22 - COGNIZANCE OF OFFENCES - COMPLAINT IN WRITING - POLICE REPORT - INDIAN PENAL CODE - OFFENCES UNDER TWO OR MORE ACTS - DOUBLE JEOPARDY - PRINCIPLE OF - APPLICABILITY.
Fact of the Case:
The applicants were accused of illegal mining of sand and theft of minerals from a riverbed. An FIR was lodged against them under Sections 147, 148, 149, 336, 353, 307, 379 IPC and Section 4/21 Mines and Mineral (Development and Regulation) Act, 1957. The Judicial Magistrate took cognizance of the offence on the basis of a charge sheet submitted by the police. The applicants challenged the FIR and the cognizance order, arguing that Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 prohibits registration of FIR and cognizance on police report with regard to offences punishable under the said Act.
Finding of the Court:
The Court held that Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 prohibits taking cognizance of offences punishable under the Act except upon a complaint in writing made by a person authorized in this behalf by the Central Government or the State Government. However, the Court also held that the police can register an FIR and investigate offences under the Act, and that the Magistrate can take cognizance of offences under the Indian Penal Code on the basis of a police report, even if the same facts also constitute an offence under the Mines and Minerals (Development and Regulation) Act, 1957. The Court further held that the principle of double jeopardy does not apply in such cases, as the ingredients of the offences under the two Acts are different.
Issues: 1. Whether Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 prohibits registration of FIR? 2. Whether a person can be prosecuted simultaneously for one set of offence under two or more different acts? 3. Whether prosecution of accused for the offence under Mines and Minerals (Development and Regulation) Act, 1957 as well as under Indian Penal Code, on the basis of police report (charge-sheet) is barred by Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 ? 4. Whether in absence of filing of complaint, the Magistrate can take cognizance on police report (charge-sheet) submitted for the offence under Mines and Minerals (Development and Regulation) Act, 1957 as well as under Indian Penal Code ?
Ratio Decidendi: 1. Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 prohibits taking cognizance of offences punishable under the Act except upon a complaint in writing made by a person authorized in this behalf by the Central Government or the State Government. 2. A person can be prosecuted simultaneously for one set of offence under two or more different acts, provided that the ingredients of the offences are different. 3. Prosecution of accused for the offence under Mines and Minerals (Development and Regulation) Act, 1957 as well as under Indian Penal Code, on the basis of police report (charge-sheet) is not barred by Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957, provided that the Magistrate takes cognizance only of the offences under the Indian Penal Code. 4. In the absence of filing of a complaint, the Magistrate cannot take cognizance on police report (charge-sheet) submitted for the offence under Mines and Minerals (Development and Regulation) Act, 1957.
Final Decision: The Court quashed the cognizance order with respect to the offence under the Mines and Minerals (Development and Regulation) Act, 1957, but upheld the cognizance order with respect to the offences under the Indian Penal Code.
JUDGMENT :
Sanjay Kumar Singh, J.
Heard Mr. S.M. Faraz I. Kazmi, learned counsel for the applicants, Mr. N.D. Rai, Mr. Ravindra Kumar Singh, Mr. Ravi Prakash Bhatt, learned Additional Government Advocates appearing on behalf of opposite party No. 1/State of U.P. and perused the record with the assistance of learned counsels for the parties.
Relief sought for :-
2. By means of this application under sections 482 of the Code of Criminal Procedure, the applicants have invoked the inherent jurisdiction of this Court for quashing of the charge sheet No. 357-A of 2017 dated 14.4.2018, cognizance order dated 24.12.2018 as well as entire proceedings of Criminal Case No. 1520 of 2018 (State vs. Sarvar @ Babar and others) arising out of Case Crime No. 461 of 2017, under Sections 147, 148, 149, 336, 353, 307, 379 IPC and Section 4/21 Mines and Mineral (Development and Regulation) Act, Police Station Behat, District Saharanpur pending in the court of Judicial Magistrate-III, court No. 20, Saharanpur mainly on the ground that Section 22 of the Mines and Mineral (Development and Regulation) Act, 1957 (hereinafter referred to as MMDR Act) prohibits registration of FIR and cognizance on police report with regard to offence punishable under said Act 1957.
3. Since pure legal issues are involved in this case and the facts as emerges on record are not disputed, therefore, with the consent of learned counsel for the parties, the instant case is being decided at the admission stage itself without calling counter affidavit.
Issues:-
4. The principal issues, which arise for consideration by this Court are as follows :-
(i). Whether Section 22 of the Mines and Mineral (Development and Regulation) Act, 1957 (hereinafter referred as MMDR Act) prohibits registration of FIR?
(ii). Whether a person can be prosecuted simultaneously for one set of offence under two or more different acts?
(iii). Whether prosecution of accused for the offence under Mines and Minerals (Development and Regulation) Act, 1957 as well as under Indian Penal Code, on the basis of police report (charge-sheet) is barred by Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 ?
(iv). Whether in absence of filing of complaint, the Magistrate can take cognizance on police report (charge-sheet) submitted for the offence under Mines and Minerals (Development and Regulation) Act, 1957 as well as under Indian Penal Code ?
Basic Facts:-
5. Filtering out unnecessary details, the brief facts as per prosecution case, as emerges on record are that the opposite party No. 2 (Mahendrapal, Station Officer, Police Station Behat, District- Saharanpur) lodged first information report on 4.10.2017 registered as Case Crime No. 461 of 2017, under Sections 147, 148, 149, 336, 353, 307, 379 IPC and Section 4/21 Mines and Mineral (Development and Regulation) Act, at Police Station Behat, District-Saharanpur against five named accused persons, namely, Sarvar, Sonu, Banta, Anil, Jagdish and sixty to seventy unknown persons alleging inter-alia that on 04.10.2007 he along with constable Dipendra Singh and driver Jhalak Singh were on patrolling duty. When they reached towards bank of Yamuna river, they saw that some people were doing illegal mining of sand by J.C.B. machine and some tractor trolley, dumper, etc loaded with minerals were also standing at the spot. In the meantime Khadak Singh, Platoon Commander of P.A.C. alongwith his team also reached at the spot. On giving warning people present there with common aim and object started pelting stones and also opened fire by country made pistol at the police personnel. Any how police personnel saved their life. On firing by the police personnel in their self defence, they escaped towards Haryana along with their J.C.B. Tractor trolly and dumper. The Investigating Officer after investigation submitted two charge sheets in this case. First charge sheet No. 357 of 2017 was filed on 12.12.2017 against seven accused persons namely Nawab, Gurmeet, Sompal, Vis
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