Post covers MMDR Act FIR Quashing Chandigarh High Court of Punjab and Haryana. Only Court can order registration of FIR not police. Case Quashed by Punjab and Haryana High Court.

Police can’t probe, prosecute offence under MMDR Act held by High Court Chandigarh

What is MMDR ACT in Chandigarh High Court?

Mines and Minerals Development and Regulation Act is known as MMDR Act.

Background of the Case

The case revolves around the Mines and Minerals Development and Regulation Act

(MMDR Act). The case was brought before the Punjab and Haryana High Court by

Harpreet Kaur. The petitioner, Harpreet Kaur, sought the quashing of an FIR

registered under Section 21(1) of the MMDR Act at Ajnala police station, Amritsar

(rural) district.

Also Read- Mines and Minerals (Development and Regulation) Act

➢ Facts

Harpreet Kaur, the petitioner, owns 10-12 acres of land in Chhana village, Amritsar.

The mining officer of the area lodged a complaint about the illegal supply of sand to

the local SHO. Upon investigation, the police found evidence suggesting the illegal

supply of sand, but no mining was observed. A machine used to mine sand in water,

belonging to the petitioner, was found on the said land.

Also Read- MMDR Act Ousts State’s Power Over Taxing Minerals

➢ Petitioner’s Argument

The counsel for the petitioner argued that the MMDR Act specifically states that no

court can take cognizance of an offence under this Act, other than on a written

complaint to the court by the authorized officer. Therefore, the FIR could not have

been registered in the first place.

Also Read- High Court Seeks Reply on Quashing of FIR

➢ Conclusion

The Punjab and Haryana High Court held that the police have no power or authority

to register an FIR under the MMDR Act. The statutory scheme under the MMDR Act

and the CrPC provides that the prosecution under the MMDR Act can only be

launched by way of a complaint case and an FIR cannot be registered under the

provisions of the MMDR Act. Therefore, the impugned FIR and all the subsequent

proceedings arising therefrom are void ab initio and are liable to be quashed. The

court also noted that the MMDR Act is a special statute and if a special enactment

lays down the provisions regarding the procedure that must be adopted for the

investigation and adjudication of an offence that falls in its purview, general

provisions of the IPC or the CrPC will not be attracted. Hence, the FIR was quashed.

The case sets a precedent that the police cannot probe, or prosecute offences under

the MMDR Act. The FIR was quashed as it was found to be in violation of the MMDR

Act.

Also Read- Quashing by High Court Chandigarh

Rest for More info, get in touch with High Court Quashing Lawyers Punjab and Haryana.

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