HIGH COURT OF CHHATTISGARH A'i' BILASPUR Cr. MP. No. 354 of 2009 x Harminder Singh. Slo Mukhtiyar Singh, aged about 32 years, R/o Tatibandh, Raipur, Fdistrict - Raipur (C.G.) PETITIONER Versus nEsmNDENTs 1 . 2. State of Chhattisgarh, Through Minign Officer, Mining Branch, Raigarh, District - Raigarh (C.G.) Corrector, Raigarh; District — Raigarh, (C.G.) PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL V pROCEDURE. (SB :Hon’ble Mr. T.P.Sharma, J.) Present : Shri Awadha Tripathi, counsel for the petitioner. Shri Akhil Mishra, Dy. Govt. Advocate with Shri Rajendra Tripathi, Panel Lawyer for the State. ORAL ORDER (Passed on 24-08-2009) Heard. Learned counsel for the petitioner seeks to withdraw the petition with liberty to tiie appropriate application under Section 21 sub Section 4(A) of the Mines and Minerals (Regulation and Development) Act, 1957 for interim custody of the property on the ground that 'he has tried this application before tiling of the complaint before competent Magistrate. i have perused the order impugned and order passed by the Judicial Magistrate First Class, Raigarh dated 07-05-2009, which reveals that Judicial Magistrate First Class, Raigarh is empowered to take cognizance and pass appropriate order under Mines and Minerals (Regulation and Development), Act, 1957, but till 07-05-2009 complaint against the petitioner has Snot been .tiled by the complainant. Admittedly, it is special act and Judicial Magistrate First Class is especially empowered to pass suitable order in terms of sub Section 4(A) of Section 21 of the Mines and ii, Av / Minerals (Regulation and Development) Act, 1957 relating to interim custody. Consequentiy, petition is dismissed as withdrawn with liberty as aforesaid.