Neutral Citation No. - 2025:AHC:141644 Court No. - 77 Case :- APPLICATION U/S 482 No. - 3866 of 2025 Applicant :- Ramlakhan Alias Dholan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sachin Kumar Singh,Shyam Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. Present application has been preferred to quash the impugned charge-sheet no. 115/19 dated 31.05.2019 as well as summoning/cognizance order dated 13.08.2019 including the entire proceedings of Case No. 6406 of 2019 (State vs. Ramlakhan Alias Dholan and others) arising out of Case Crime No.10 of 2019, under sections 4/21 of Mines and Mineral Act, 1957, Police Station-Chunar, District-Mirzapur, pending in the Court of learned Chief Judicial Magistrate, Mirzapur as well as to stay the further proceedings of abovementioned case. 3. Precise arguments has been raised by learned counsel for the applicant that no court shall take cognizance except on complaint if the offences are related to Mines and Mineral Act, 1957 as per the provisions available under Section 22 of the Mines and Mineral Act, 1957. 4. In response, learned AGA has submitted that a personal affidavit has already been preferred on 04.03.2025, although the same is not available in record but the copy of the same has already been provided by learned AGA, wherein no specific reply has ever been mentioned in respect of the arguments as raised by learned counsel for the applicant in relation to the provisions of Section 22 of the Mines and Mineral Act, 1957, although Section 21 of the Mines and Mineral Act, 1957 has been submitted in details, wherein the penalties have been mentioned in respect of any offence carried out under the Mines and Mineral Act, 1957. 5. 5. Learned counsel for the applicant has relied upon the judgment rendered by coordinate Bench of this Court in case of Ajay Kumar vs. State of U.P. and Another decided on 14.05.2024 in Application U/s 482 No. 11544 of 2019, wherein the same ratio has been pronounced that in view of the legal position, it is crystal clear that for the offences under Mines and Mineral Act, 1957, the concerned court can take cognizance of offence only on the basis of complaint filed by the authorized officer, but in the present case, learned Magistrate took cognizance of offence over the chargesheet preferred at the behest of the concerned investigating officer under Sections 4/21 of Mines and Mineral Act, 1957 and as such summoning/cognizance order dated 13.08.2019 is barred by Section 22 of Mines and Mineral Act, 1957 and is deserved to be set-aside. 6. In view of the aforementioned facts and circumstances, the entire proceedings of Case No. 6406 of 2019 (State vs. Ramlakhan Alias Dholan and others) arising out of Case Crime No.10 of 2019, under sections 4/21 of Mines and Mineral Act, 1957, Police Station-Chunar, District-Mirzapur, pending in the Court of learned Chief Judicial Magistrate, Mirzapur, are hereby set-aside. 7. Accordingly, the application u/s 482 Cr.P.C. is allowed. 8. However, it is made clear that this order will not preclude the competent authority to proceed a fresh, if required under strict provisions of Mines and Mineral Act, 1957. Order Date :- 19.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad