Madhya Pradesh High Court
G R Infraprojects Ltd. Lead Partner Of ... vs The State Of Madhya Pradesh on 10 June, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No. 10048/2021
( G.R. Infraprojects Ltd. Lead Partner of Gril Cobra KIEL
(JV) Vs The State of M.P. & another )
(1)
Heard through video conferencing.
Gwalior, dated : 10/06/2021
Shri Madhav Khurana, Shri Navnidhi Parharya and Ms.
Trisha Mittal, Advocates for the petitioner.
Shri B.M. Shrivastava, learned Government Advocate for the
respondent-State.
Heard on the question of admission and I.A. No. 5412/2021, an application for Stay.
Issue notice on the question of admission as well as on I.A. No. 5412/2021 to the respondents on payment of process fee by RAD mode within seven working days. Notice be made returnable within four weeks, failing which, this petition shall stand dismissed automatically without further reference to this Bench.
Learned counsel for the petitioner submits that present petition under section 482 of Cr.P.C. has been filed seeking quashment of FIR dated 03/12/2020 bearing crime No. 290/2020 registered at police station Noorabad, District Morena (M.P.) for the offence punishable under section 379, 414 of IPC, rule 18 (1) of M.P. Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006 and section 4/21 of Mines and Minerals (Development and Regulation ) Act, 1957 and the proceedings arising thereunder. He further submits that the petitioner company has applied in the office of Collector, District Morena for grant of permission to store the sand since the sand was to be utilized in the construction work HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 10048/2021 ( G.R. Infraprojects Ltd. Lead Partner of Gril Cobra KIEL (JV) Vs The State of M.P. & another ) (2) for laying of the railway track contract. He further submits that impugned FIR was registered against the petitioner company under the provision of M.P. Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006, whereas, demand was raised under the provision of Rules of 2019. The amount was deposited before lifting the sand, as such, no loss has been caused to the State Exchequer. He further submitted that the sand was meant for captive use ,therefore, permission was not required. In such circumstances, it is prayed that FIR impugned could not have been registered against the petitioner company.
In the meanwhile, as an interim measure, till next date of hearing, the impugned FIR dated 03/12/2020 bearing crime No. 290/2020 registered at police station Noorabad, District Morena for the offence punishable under section 379, 414 of IPC, rule 18 (1) of M.P. Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006 and section 4/21 of Mines and Minerals (Development and Regulation ) Act, 1957 and the proceedings arising thereunder shall remain stayed.
List this matter after four weeks alongwith M.Cr.C. No. 10034/2021.
Certified copy as per rules.
(S.A.Dharmadhikari) Judge Prachi* PRACHI MISHRA 2021.06.10 22:27:06 +05'30'