Supreme Court

Jayant vs The State Of Madhya Pradesh

MANU/SC/0912/2020

03.12.2020

Mines and Minerals

Magistrate can order registration of FIR under Section 156(3) of CrPC for offences under Mines And Minerals Act as bar under Section 22 of MMDR Act is not attracted

Present appeals are against impugned common judgment and order of High Court dismissing the applications filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) to quash the respective FIRs for the offences under Sections 379 and 414 of Indian Penal Code, 1860 (IPC) and Sections 4/21 of the Mines & Minerals (Development & Regulation) Act, 1957 (‘MMDR Act’) and under Rule 18 of the M.P. Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006 (‘2006 Rules’).

It was mainly contended on behalf of the private Appellants and other violators that, in view of Bar under Section 22 of the MMDR Act, the order passed by the learned Magistrate directing to register the FIRs is unsustainable and deserves to the quashed and set aside. It was also contended on behalf of the private Appellants and other violators that, once there was compounding of offence and the violators paid the amount determined by permitting them to compound the offence, thereafter the Magistrate was not justified.

The learned Magistrate can in exercise of powers under Section 156(3) of the CrPC order/direct the concerned In¬-charge/SHO of the police station to lodge/register crime case/FIR even for the offences under the MMDR Act and the Rules made thereunder and at this stage, the bar under Section 22 of the MMDR Act shall not be attracted. The bar under Section 22 of the MMDR Act shall be attracted only when the learned Magistrate takes cognizance of the offences under the MMDR Act and Rules made thereunder and orders issuance of process/summons for the offences under the MMDR Act and Rules made thereunder.

For commission of the offence under the IPC, on receipt of the police report, the Magistrate having jurisdiction can take cognizance of the said offence without awaiting the receipt of complaint that may be filed by the authorised officer for taking cognizance in respect of violation of various provisions of the MMDR Act and Rules made thereunder.

In respect of violation of various provisions of the MMDR Act and the Rules made thereunder, when a Magistrate passes an order under Section 156(3) of the CrPC and directs the concerned In¬charge/SHO of the police station to register/lodge the crime case/FIR in respect of the violation of various provisions of the Act and Rules made thereunder and thereafter after investigation the concerned In¬charge of the police station/investigating officer submits a report, the same can be sent to the concerned Magistrate as well as to the concerned authorised officer as mentioned in Section 22 of the MMDR Act and thereafter the concerned authorised officer may file the complaint before the learned Magistrate along with the report submitted by the concerned investigating officer. Thereafter it will be open for the learned Magistrate to take cognizance after following due procedure, issue process/summons in respect of the violations of the various provisions of the MMDR Act and Rules made thereunder and at that stage, it can be said that cognizance has been taken by the learned Magistrate.

In a case where the violator is permitted to compound the offences on payment of penalty as per sub¬section 1 of Section 23A, considering sub¬-section 2 of Section 23A of the MMDR Act, there shall not be any proceedings or further proceedings against the offender in respect of the offences punishable under the MMDR Act or any rule made thereunder so compounded. However, the bar under sub¬section 2 of Section 23A shall not affect any proceedings for the offences under the IPC, such as, Sections 379 and 414 of IPC and the same shall be proceeded with further. The appeals filed by the violators/private appellants are partly allowed, to the extent quashing the proceedings for the offences under the MMDR Act – Sections 4/21 of the MMDR Act only.

Tags : Cognizance FIR Quashing of

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