2022 (4) TMI 1670

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.... for the respondent nos. 6 to 9 and learned counsel for the State. The petitioner has filed the instant application for the following reliefs: "i) To issue an appropriate writ, order or direction in the nature of certiorari for quashing Dehri(Town) P.S. Case No.407 of 2021 registered on 03.08.2021 for alleged offences under section 379, 411, 420 and 409 of the Indian Penal Code and Rule 39(2), 39(3) and 56(2) of the Bihar Mineral (Concession, Prevention of illegal Mining, Transportation & Storage) Rules, 2019 on the ground that the same is completely illegal and without any authority of law. ii) To issue further appropriate writ, order or direction in the nature of mandamus commanding the Respondents 1st Set not to take....

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....e cognizable upon written complaints. - No Court inferior to that of a Magistrate of the First Class shall try any offence punishable under these rules and no Court shall take cognizance of any offence under these rules, except upon a complaint made in writing by the [Competent Officer or Deputy Director of Mines or Additional Director of Mines or Director of Mines] or any other Officer empowered by the Government". 35. In the instant case, the FIR has been registered by the Mines Inspector contrary to the requirements of Section 22 of the MMDR Act and Rule 41 of the 1972 Rules. 36. For the offence alleging violation of any provisions of the MMDR Act or any rules made thereunder, an FIR cannot be instituted rather a compla....

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....iminal Procedure and submit a report before the Magistrate for taking cognizance against such persons. In other words, in a case where there is a theft of sand and gravel from the government land, the police can register a case, investigate the same and submit a final report under Section 173 CrPC before a Magistrate having jurisdiction for the purpose of taking cognizance as provided in Section 190(1)(d) of the Code of Criminal Procedure." (emphasis mine) 43. Thus, it would be evident from the ratio laid down by the Supreme Court in State (NCT of Delhi) Vs. Sanjay (Supra), that in case a person without any lease or licence or any authority extracts minerals in a clandestine manner with an intent to remove dishonestly from....

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.... 2018 and Naubatpur P.S. Case No. 07 of 2018 are hereby quashed. 56. It is made clear that this Court has not adjudicated upon the issue of civil liability arising out of excess mining of sand by the petitioner. Any of the observations made in these cases would have no consequence in any proceedings, which may arise between the parties in respect of civil liability." Learned counsel for the petitioner relies on Rule 61 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 which is quoted hereinbelow for ready reference: "61. Offences cognizable upon written complaints. - No court inferior to that of a Magistrate of the First Class shall try any offence punishable under th....