Partly allowed

Shreeram and Another v. State of U.P. and Another

Allahabad HC1 Dec 2022A482/26339/2022

Case brief

AI extract

What is this about?

This order in an application under Section 482 CrPC held that the Magistrate erred in taking cognizance under U.P. Mines Act provisions against Section 22. The court quashed such cognizance, directed trial to proceed under IPC Sections 319 and 411, and authorized persons to file complaints under the Act within three weeks.

What did the court decide?

Impugned order of cognizance under U.P. Mines Act and Rules quashed; trial to proceed under IPC 319/411; complaint to be filed within three weeks.

Shreeram and Another Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 26339 of 2022

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Applicant :- Shreeram And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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There is a merit in argument of Sri Brijesh Kumar Pandey, learned counsel for applicants that learned Magistrate has erroneously taken cognizance of offence under Section 4 and 21 of U.P. Mines and Minerals (Development and Regulation) Act, 1957 as well as under Rules 3, 57 and 7 of Uttar Pradesh Minor Minerals (Concession) Rules, 1963, which are in the teeth of Section 22 of the U.P. Mines and Minerals (Regulation and Development) Act, 1957.

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Learned counsel for the applicants has further placed reliance on a judgment passed by a Co-ordinate Bench of this Court in the case of Imran and 3 Others vs. State of U.P. And Another in Application U/S 482 No. 16700 of 2019 dated 10.07.2019.

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Learned A.G.A. has not been able to refute the above submission.

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This issue has been recently considered by the Hon'ble Supreme Court in the case of Pradeep S. Wodeyar vs. State of Karnataka 2021 SCC Online 1140, wherein the Hon'ble Supreme Court has placed reliance on various judgments i.e. In State (NCT of Delhi) vs. Sanjay 2014 (9) SCC 772 and Kanwar Pal Singh vs. The State of Uttar Pradesh 2020 14 SCC 331 as well as State of Gujrat vs. Afroz Mohammaed Hasanfatta (2019) 20 SCC 539 and held as under:-

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'' 87. The Special Judge, it must be noted, took cognizance on the basis of a report submitted under Section 173 CrPC and not on the basis of a private complaint. Therefore, the case is squarely covered by the decision in Afroz Mohammed Hasanfatta (supra). The Special Judge took note of the FIR, the witness statements, and connected documents before taking cognizance of the offence. In this backdrop, it would be far-fetched to fault the order of the Special Judge on the ground that it does not adduce detailed reasons for taking cognizance or that it does not indicate that an application of mind. In the facts of this case, therefore, the order taking cognizance is not erroneous. "

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In view of the above discussions, the impugned order is interfered qua to cognizance taken under Rules 3, 57 and 7 of

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U.P. Minor Minerals (Concession) Rules, 1963 and Section 4 and 21 of U.P. Mines and Minerals (Regulation and Development) Act, 1957, however, the trial court shall proceed under Sections 319 and 411 I.P.C. and so far as other offence under the above referred Act of 1957 and Rules of 1963, are concerned, authorized person shall file complaint within a period of three weeks' from today as provided under the said Act and Rules.

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The application stands disposed of .

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Order Date :- 1.12.2022 Aditya

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(S.No. 32/350 fresh cases)

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Digitally signed by ADITYA KUSHWAHA Date: 2022.12.05 13:22:31 IST Reason: Location: High Court of Judicature at Allahabad

Shreeram and Another v. State of U.P. and Another

Case brief

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Shreeram and Another v. State of U.P. and Another

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