IN THE HIGH COURT OF JHARKHAND AT RANCHI.
                           Cr. M. P. No. 242 of 2014
                                        ...
             Ayub Raza                  ...       ...     Petitioner
                                 -V e r s u s-
             The State of Jharkhand     ...       ...     Opposite Party
                                        ...
            CORAM: - HON'BLE MR. JUSTICE P.P. BHATT.
                                        ...
            For the Petitioner          : - Mr. Arshad Hussain, Advocate.
                                            Mr. Haider Ali, Advocate
            For the State               : - A.P.P.
                                                ...
03/20.11.2014

The present application has been filed u/s 482 of The Code of Criminal Procedure, 1973, for quashing of the entire criminal proceeding/prosecution including the FIR being Karra P.S. Case No. 72/2013 corresponding to G.R. No. 495 of 2013 for the offence punishable under sections 379 and 411 of the Indian Penal Code, Section 4(i) of the Mines and Minerals (Regulation and Development) Act, 1957 and section 21 of the Air (Prevention and Control of Pollution) Act, 1981, pending in the court of learned Judicial Magistrate, 1st class, Khunti.

Learned counsel for the petitioner submitted that the petitioner is the owner of the Turbo truck bearing registration no. JH01 AR 6412 and he is not connected and related in any manner with the alleged offence. It is further submitted that the entire prosecution case is bad on account of the fact that allegation of extracting mineral is a subject matter of special legislation for which punishment has been prescribed under section 4(i) of the Mines and Minerals (Development and Regulation) Act and section 22 of the Mines and Minerals (Development and Regulation) Act states that "no court shall take cognizance for the offence punishable under this Act or any rules made thereunder except upon complaint in writing made by a person authorized in this behalf by the Central Government or the State Government".

It is submitted that in the instant case, FIR has been instituted by the Asstt. Sub Inspector, who is not authorized to institute FIR for the alleged offence punishable under Mines and Minerals (Development and Regulation) Act.

Learned counsel for the petitioner in support of his submissions has also referred to following cases :-

Calcutta Jaipur Paribahan Private Limited Vs. State of Jharkhand & Ors reported in (2009) 2, J.C.R.,509 and

2. Bishnu Chandra Choudhary & Anr. Vs. State of Jharkhand & Ors. reported in (2010) 3, J.C.R. 301. Learned A.P.P. for the State submitted that there is no illegality committed by the Asstt. Sub Inspector while instituting the FIR for the alleged offence punishable u/s 379 and 411 of the Indian Penal code along with the sections 4(i) of the Mines and Minerals (Regulation and Development) Act, 1957 and 21 of the Air (Prevention and Control of Pollution) Act.

Learned A.P.P. for the State alleged that the offence registered under Indian penal code and above referred act are distinct in nature and taken up simultaneously and there is no conflict between the same. In support of his submissions learned A.P.P. has referred to and relied upon the following judgments:-

1. 2014 (4) JBCJ 251 (SC) (para 66, 67, 68, 69 & 72) State of NCT of Delhi Vs. Sanjay

2. 2011 (4) JCR 43 (Jhr.) Md. Abrar Alam & Ors. Vs. State of Jharkhand

3. 2014 (4) JBCJ 313 (Jhr.) Yogendra Baraik Vs. State of Jharkhand.

In response to this learned counsel for the petitioner submitted that during pendency of this petition subsequent development has taken place and learned court below has taken cognizance for the offence punishable under Indian Penal Code and offence punishable under Mines and Minerals (Development and Regulation) Act and therefore order passed by the learned court below is required to be produced before this court by way of filing of supplementary affidavit and for that purpose two weeks' time may be granted.

In view of above submissions, put up this case on 10 th December, 2014.

Till 10th December, 2014 there shall be no coercive steps against the petitioner in connection with Karra P.S. Case No. 72 of 2013 corresponding to G.R. No. 495 of 2013.

(P.P. Bhatt, J.) MM