Allahabad High Court
Ramesh Chandra Singh vs State Of U.P. And Another on 5 May, 2023
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- APPLICATION U/S 482 No. - 16410 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 Rajiv Gupta,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 order dated 22.11.2022 as well as the entire proceedings of Complaint Case No. 7397 of 2022 (Mines Officer v. Ramesh Chandra Singh, under Section 4/21 of the Mines and Mineral (Development and Regulation) Act, 1957 and under Rule 3, 58, 72 of the Uttar Pradesh Minor Minerals (Concession) Rules, 2021, Police Station 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. It has been submitted, valid documents as prescribed by law were present. Ignoring the same for oblique motive, mining officials have lodged false complaint.
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 :- 5.5.2023 KU