Allahabad High Court
Ramesh Chandra Singh vs State Of U.P.And Another on 1 May, 2023
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- APPLICATION U/S 482 No. - 15705 of 2023 Applicant :- Ramesh Chandra Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Shailesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No.7410 of 2022 (Mines Officer v. Ramesh Chandra Singh), under Section 4/21 of the Mines and Mineral (Development and Regulation) Act, 1957 and Section 3, 58, 72 of the Uttar Pradesh Minor Minerals (Concession) Rules, 2021, Police Station Chawki-Ahraura, District Mirzapur, pending before the Chief Judicial Magistrate, Mirzapur.
3. Submission of the learned counsel for the applicant is, neither any offence was committed by the applicant nor just ground exists to prosecute.
4. In that background, it has further been submitted, the applicant seeks compounding as he does not wish to contest the criminal prosecution proceedings. At the same time, it has been complained that neither compounding application has been dealt with by the learned court below nor the vehicle of the applicant is being released.
5. On the other hand, learned AGA would submit, at present, there is no evidence of any application filed by the applicant to seek compounding. Since the applicant has not filed any application at this stage, perhaps his application for release of the vehicle has remained pending.
6. Having heard the learned counsel for the parties and having perused the record, in the entirety of the facts and circumstances of the case, no useful purpose would be served in keeping the present application pending or calling for any counter affidavit at this stage.
7. The application is disposed of with the observation, in case the applicant files a fresh application before the learned court below and seeks compounding in accordance with law, that application may be dealt with and decided on its own merits as expeditiously as possible preferably within a period of one month from the date of such compliance shown by the applicant. Such proceedings may also be permitted to arise through counsel.
8. Upon the pending application being dealt with and subject to such compliance shown by the applicant, further application for release of the vehicle may be dealt with and decided on its own merits in accordance with law.
Order Date :- 1.5.2023 Kuldeep