HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35559 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri S Sengar, learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the order dated 03.10.2022 passed by learned Chief Judicial Magistrate, Jalaun at Orai and quash the charge sheet dated 31.07.2022 submitted by the Investigating Officer as well as entire proceedings of Case no. 9312 of 2022 (State of U.P. vs. Vir Singh @ Abba and another) arising out of Case Crime no. 0033 of 2022 under sections 379, 411 IPC, 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, PS- Kadora, District Jalaun. 3. Learned counsel for applicant submitted that FIR has been lodged by opposite party no. 2, against the applicant for the offence under sections 379, 411 IPC, 4/21 of Mines and Minerals (Development and Regulation) Act, 1957. After concluding the investigation, concerned Investigating Officer submitted impugned charge sheet dated 31.07.2022 under Section 379, 411 IPC, 4/21 of Mines and Minerals (Development and Regulation) Act, 1957 whereupon learned Magistrate concerned took cognizance vide impugned order dated 3.10.2022. 4. Learned counsel for applicant challenged the entire proceeding on the ground that admittedly the Act of 1957 is special act and Section 22 of the said Act clearly provides that in respect of any offence punishable under the Act or any rules made thereunder, no court shall take cognizance except upon complaint made in writing by a person authorized in this behalf by Versus Counsel for Applicant(s) : S Sengar Counsel for Opposite Party(s) : G.A. Vir Singh @ Abba And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Central Government or State Government. For substantiating his argument, learned counsel for applicant relied upon judgment rendered by Hon'ble Apex Court in case of Jayant and others vs. State of Madhya Pradesh reported in (2021) 2 SCC 670 wherein it has been observed that even if the charge sheet is filed by the police after the investigation then for the offence under the Indian Penal Code, learned Magistrate can take cognizance but for the offence under the Act, 1957, learned Magistrate cannot take cognizance on the basis of that charge sheet and it is further observed that the Magistrate can take cognizance only when the complaint is filed by the authorized officer along with that charge sheet for the offence under the Act, 1957. He also relied upon judgment rendered by co-ordinate Bench of this Court passed on dated 14.05.2024 in Application u/s 482 no. 11544 of 2019 (Ajay Kumar vs. State of U.P. and Anr.). 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition. 6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, it transpires that in pursuance to judgment rendered by Hon'ble Apex Court in case of Jayant and others (supra) as well as by this Court in Ajay Kumar (supra) it is apparent that over the charge sheet, the cognizance has been taken up by learned concerned court in pursuance to Section 379, 411 IPC, 4/21 of Mines and Minerals (Development and Regulation) Act, 1957 on dated 3.10.2022 and since cognizance under Section 379, 411 IPC has been imposed in connection with Section 4/21 of Mines and Minerals Act, 1957 therefore the same is not permissible in the eye of law as enunciated in the case of Jayant and others (supra). 7. Since the instant matter has been argued by learned counsel appearing for applicant only on the basis of legal issues, especially relying upon the judgment of Hon'ble Apex Court, as such the impugned cognizance order dated 3.10.2022 is hereby quashed and consequential proceeding in pursuance to the above cognizance order dated 3.10.2022 is also quashed in respect of applicants namely Vir Singh @ Abba and Lokendra @ Bhallu. 8. The instant petition stands allowed accordingly. NA528 No. 35559 of 2025 2 9. However, it is made clear that above mentioned direction will not preclude the authorities concerned to proceed afresh against the applicants, if required in pursuance to procedure available at law. September 23, 2025 Shaswat NA528 No. 35559 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad