1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2011 CORAM THE HONOURABLE Ms. JUSTICE R.MALA Crl.O.P.(MD)NO.12478 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Murugesan ... Petitioner / Accused Versus The State through Inspector of Police, Sathankulam Police Station, Tuticorin District. In Crime No.248/2010 ... Respondent / Claimant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the records and proceedings relating to the charge sheet in C.C.No.25 of 2011 on the file of Judicial Magistrate, Sathankulam and quash the same. For Petitioner : M/S.Eddy Embboss (Law Firm) For Respondent : Mrs.S.Prabha, Government Advocate (Crl. Side) O R D E R This petition is filed to call for the records and proceedings relating to the charge sheet in C.C.No.25 of 2011 on the file of Judicial Magistrate, Sathankulam and quash the same. 2. The learned counsel appearing for the petitioner would submit that the petitioner is an accused in C.C.No.25 of 2011 on the file of the Judicial Magistrate, Sathankulam for the offences under Section 379 I.P.C. and r/w Section 21 (1) (v) of Mines and Mineral (Development and Regulation) Act, 1957 on the basis of the complaint given by the Sub Inspector of Police. 3. The case of the prosecution is that on 05.10.2010 at 09.00 A.M., when the respondent police conducted vehicle checkup, one Mani was driving the Mini Lorry, bearing Registration No.TN-69-2461, which was owned by the petitioner, with sand and when they stopped the vehicle and enquired, it is alleged that they transported the sand without any permission from the government and hence, a case been registered in crime No.248 of 2010 for the offences under Section 379 I.P.C. and r/w Section 21 (1) (v) of Mines and Mineral (Development and Regulation) Act, 1957 on the basis of the complaint given by the Sub Inspector of Police and after the investigation, charge sheet has been filed and the same has been taken on file in C.C.No.25 of 2011 https://hcservices.ecourts.gov.in/hcservices/ 2 by the learned Judicial Magistrate, Sathankulam. 4. At the time of argument, even though the learned counsel appearing for the petitioner raised so many grounds, the main and foremost submission is that the complaint has not been given by the authorized person and hence, the complaint itself is non exist in the eye of law and hence, he prayed for the quashment of the proceedings. To substantiate the same, he relied upon the decisions of this Court. 5. The learned Government Advocate would submit that there is no scope for quashing the charge sheet and the petitioner has transported the sand illegally without any permission and hence, the ingredients of the provisions have been made out and hence, he prayed for the dismissal of the Criminal Original Petition. 6. I have heard the rival submissions made on either side and perused the materials available on record. 7. On perusal of the record would show that the complaint has been given by one Sub Inspector of Police. At this juncture, it is appropriate to consider the government order, wherein, it has been specifically mentioned as follows: “The Governor of Tamil Nadu hereby authorises the District Forest Officers and the Police personnel not below the rank of Inspector of Police, to make complaint in writing to the Court of competent jurisdiction for any offence punishable under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957.” 8. It is also appropriate to consider the decision relied upon by the learned counsel appearing for the petitioner in D.Sudharshan V. State, represented by the Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District reported in (2006) 2 M.L.J. (Crl.) 115 and submits that when a special enactment has been dealt with such offences, invoked general provisions of Indian Penal Code will be meaningless and the Special enactment will override the general provisions of law and specific provisions will override the other provisions. 9. Considering the said decision along with the facts of the present case, as per the government order, only the police official not below the rank of Inspector of Police is authorised to proceed against the accused for the offence under Section 21 of the Mines and Minerals Act. But, here, the complaint has been given by the Sub Inspector of Police and therefore, I am of the opinion that this is a fit case to quash the proceedings. 10. The complainant is not the competent authority to initiate https://hcservices.ecourts.gov.in/hcservices/ 3 the proceedings, while considering the order dated 16.06.2011 made in Crl.O.P.No.5415 of 2011, wherein it has held that when a prosecution was launched by a person, who was not authorised, the complaint is liable to be quashed as per the decision in Balasubramanian and 3 others Vs. The State rep. By the Inspector of Police, Velur Police Station, Namakkal District reported in 2009-2-L.W. (Crl.) 878. 11. Considering the said decisions along with the facts of the presence case, the petitioner was arrayed as an accused in C.C.No.25 of 2011 for the offences under Section 379 I.P.C. and r/w Section 21 (1) (v) of Mines and Mineral (Development and Regulation) Act, 1957 and the prosecution was launched by the Sub Inspector of Police, who was not authorised person and hence, following the said judgments, I am of the view that this is a fit case to quash the proceedings and the criminal original petition is liable to be allowed. 12. Accordingly, this criminal original petition is allowed and the proceedings in C.C.No.25 of 2011 pending on the file of the learned Judicial Magistrate, Sathankulam, is hereby quashed against the petitioner alone. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(A.S.) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Sathankulam Police Station, Tuticorin District. 2.The Judicial Magistrate, Sathankulam 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)NO.12478 of 2011 and MP(MD)No.1 and 2 of 2011 20.09.2011 vsm SMA/03.10.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/