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Mynotes_247 MP HIGH COURT JJA ENGLISH MOKE TYPING TEST 11*
created Nov 21st, 16:08 by Anamika Shrivastava
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In these alarming circumstances, we direct that henceforth in every case of illegal mining and unauthorised transportation of minerals, the District Magistrate/Mines Officer or any competent authority authorised by the State Government will seize the vehicles and minerals and lodge a criminal complaint against the persons indulging in such offences. The lodging of criminal complaint must be made a rule, and the compounding an exception. In every case of compounding of offence, if the competent authority does not consider it appropriate to seize the truck and the minerals and decides not to file a criminal complaint, such officer or authority must record sufficient reasons as to why in his view the compounding will be sufficient deterrent to the offence without compromising public interest." On the matter being taken up today, this fact has been mentioned that pursuant to the judgment of this Court, Government order has been issued on 4th May, 2012, and therein note of the aforementioned judgment has been taken and the government order in itself proceeds to provide for lodging of a complaint and does not provide for lodging of FIR.Apex Court, in the case of State of NCT New Delhi vs. Sanjay, Criminal Appeal decided on 4.9.2014, while deciding the bunch matter has precisely taken the view, that the prohibition contained in Section 22 of the Act against prosecution of a person except on complaint made by the officer is attracted only when such a person is sought to be prosecuted for contravention of provision of Section of the Act and not for any act or omission which constitute an offence under Indian Penal Code. Relevant extract of the said judgment is as follows: "Reading the provisions of the Act minutely and carefully, prima facied we are of the view that there is no complete and absolute bar in prosecuting persons under the Indian Penal Code where the offences committed by persons are penal and cognizable offence. There cannot be any dispute with regard to restrictions imposed under the Act and remedy provided therein. In any case, where there is a mining activity by any person
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