BNSS No. 42594 of 2025 · Allahabad High Court

Heard Learned counsel for the applicant, Ms. Pratiksha Rai, Learned State Law Officer for the State and perused the record.

Challenge in this application is to the entire proceedings of Case No.5625/2022 (State vs. Vinod Kumar & others) pending in the Court of Additional Civil Judge (Senior Division)-I, Rampur arising out of Case Crime No. 199/2021, under Sections 379. 411 I.P.C. & Section 4/21 of the Mines Act, 1952 and Section 2/3 of the Prevention of Damage to Public Property Act, 1984, Police Station -Swar, District Rampur as well as the impugned charge sheet No.312A/2022 dated 03.07.2022 and the impugned cognizance/summoning order dated 07.11.2022 passed by the learned Additional Chief Judicial Magistrate-1, Rampur.

Learned counsel for the applicant states that the applicant is being prosecuted for offences under Sections 379, 411 I.P.C., Section 4, 21 of the Mines and Minerals (Regulation and Development) Act, 1957 ( hereinafter referred to as the "Act, 1957") and Section 2/3 of the Prevention of Damage to Public Property Act, 1984. He further states that primary allegation against the applicant is of illegal mining. He further states that assuming without admitting that the allegations in the First Information Report are correct, offence only under the Act, 1957 is made out, for which a complaint can be filed and no First Information Report could be lodged. Learned counsel for the applicant also relies upon a decision of this Court passed in APPLICATION U/S 482 No. - 845 of 2025 (Ijabul 2 NA528 No. 42594 of 2025 Hasan Vs. State of U.P. and Another), wherein this Court in a similar proceeding, in which offences under the Act, 1957 had been combined with the offences under the I.P.C. and a First Information Report had been lodged, was pleased to quash the proceedings by leaving it open to the authorities to file a complaint. Learned counsel for the applicant states that the same benefit may also been accorded in favour of the applicant herein.

Ms. Pratiksha Rai, Learned State Law Officer, on the other hand, contends that detailed instructions are required in the matter and prays for and is granted two weeks' time to file counter affidavit in the matter. Rejoinder affidavit, if any, may be filed within two weeks, thereafter.

List thereafter.

Till the next date of listing, further proceedings pursuant to Case No.5625/2022 (State vs. Vinod Kumar & others) pending in the Court of Additional Civil Judge (Senior Division)-I, Rampur arising out of Case Crime No. 199/2021, under Sections 379. 411 I.P.C. & Section 4/21 of the Mines Act, 1952 and Section 2/3 of the Prevention of Damage to Public Property Act, 1984, Police Station -Swar, District Rampur as well as the impugned charge sheet No.312A/2022 dated 03.07.2022 and the impugned cognizance/summoning order dated 07.11.2022 passed by the learned Additional Chief Judicial Magistrate-1, Rampur, shall remain stayed. January 30, 2026 Sachin (Rajiv Lochan Shukla,J.)