Neutral Citation No. - 2025:AHC:112404 Court No. - 77 Case :- APPLICATION U/S 482 No. - 40418 of 2024 Applicant :- Ram Kinkar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra,Himanshu Giri Counsel for Opposite Party :- G.A.,Manjulesh Kumar Shukla,Yogesh Dutta Mishra Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Yogesh Dutta Mishra, learned counsel for opposite party no. 2. 2. This application under section 482 Cr.P.C. has been preferred to quash the entire proceedings of Case No. 5171 of 2010 (State vs. Satyapriya Agarwal and others) arising out of Case Crime No. 224 of 2010, under sections 379, 504, 506 I.P.C., Rules 3/57/70 of Uttar Pradesh Mines & Mineral (Concession) Rules, 1963 and Sections 4/21 of Mines & Mineral Act, 1957, Police Station- Chopan, District-Sonbhadra, pending in the Court of learned Chief Judicial Magistrate, Sonbhadra as well as to stay the further proceedings of abovementioned case. 3. Learned counsel for the applicant has submitted that the allegation whatsoever has been put-forward through narration of the FIR clearly demonstrate that the implication under sections 379, 504, 506 I.P.C. which includes Rules 3/57/70 of Uttar Pradesh Mines & Mineral (Concession) Rules, 1963 and Sections 4/21 of Mines & Mineral Act, 1957 also and the informant is the private person. It is also submitted by learned counsel for the applicant that no private person is entitled to lodge FIR under Uttar Pradesh Mines & Mineral (Concession) Rules, 1963 or Mines & Mineral Act, 1957 and the same is not maintainable in pursuance to Section 22 of the Mines & Mineral Act, 1957 that if in any case there is a violation of certain rules and provisions of Mines & Mineral Act, 1957, the provision of preferring complaint is specifically provided under Section 22 of the Mines & Mineral Act, 1957. 4. Sri Yogesh Dutta Mishra, learned counsel for opposite party no. 2 has submitted that along with Uttar Pradesh Mines & Mineral (Concession) Rules, 1963 and Mines & Mineral Act, 1957, Sections 379, 504, 506 I.P.C. is also attracted which has been properly inquired by the concerned investigating officer and the chargesheet has been preferred on 26.05.2010. 5. Learned AGA has submitted that implication of applicant under provisions of Uttar Pradesh Mines & Mineral (Concession) Rules, 1963 and Mines & Mineral Act, 1957 is not justified and applicable, but at the same time, other sections of I.P.C. is corroborating the incident as narrated through the FIR and the same has been inquired by the investigating officer which culminated into preferring chargesheet against the applicant. 6. After having the rival submissions of learned counsel for parties, the epigenous of the entire episode is based upon certain allegations in respect of excavation of stones as alleged by opposite party no. 2 against the applicant which is the basis of implication of the applicant from 'bhoomidhari' land of opposite party no. 2. It is highly surprising that under which circumstances the concerned police station register the FIR at Case Crime No. 224 of 2010 in pursuance to sections 379, 504, 506 I.P.C., Rules 3/57/70 of Uttar Pradesh Mines & Mineral (Concession) Rules, 1963 and Sections 4/21 of Mines & Mineral Act, 1957, whereas the authority concerned who is competent to lodge the information in shape of complaint in pursuance to Section 22 of the Mines & Mineral Act, 1957 is the only authority of State and not the private person. So far as regarding sections 379, 504, 506 I.P.C. are concerned, the applicant may prefer specific application for discharge in pursuance to Rules 3/57/70 of Uttar Pradesh Mines & Mineral (Concession) Rules, 1963 and Sections 4/21 of Mines & Mineral Act, 1957 and the same shall be decided in light of the observations as made above. 7. However, it is made clear that till the decision upon the discharge application, if preferred within one month, no coercive action shall be initiated against the applicant. 8. The instant application stands partly allowed accordingly. Order Date :- 14.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad