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1 - 6 of 6 (0.19 seconds)Section 21 in The Mines And Minerals (Development And Regulation) Act, 1957 [Entire Act]
Section 239 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 22 in The Mines And Minerals (Development And Regulation) Act, 1957 [Entire Act]
The Mines And Minerals (Development And Regulation) Act, 1957
Sadanand Singh @ Sadanand Prasad Singh vs The State Of Bihar on 29 November, 2012
In view of the fact that the petitioner had already deposited the
royalty and the information to that effect was given by the informant, District
Mining Officer, Dhanbad, to the concerned police station, as also in view of the
fact that the offences under the Rules and the Act are compoundable in nature,
I am of the considered view that the case of the petitioner is fully covered by the
decision of the Patna High Court in Sadanand Prasad Singh's case (supra)
and section 379 of the Indian Penal Code shall not be applicable to the facts of
this case. I also find force in the submission of the learned counsel that the
cognizance under the Act and Rules are barred on the police case and
accordingly, the criminal proceeding against the petitioner is absolutely illegal.
As such, the impugned order cannot be sustained in the eyes of law.
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