P&H: Refuses to quash FIR in illegal mining case, says co-owners’ role must be tested at trial

punjab-haryana
⚖️ Order Date: 31 Aug 2026
Headnotes

(i) Mines and Minerals (Development and Regulation) Act, 1957, Ss.4, 21(4), 22, 23A, Indian Penal Code, 1860, S.379, Criminal Procedure Code, 1973, Ss.156(3), 173, 190, 193, 220, 482 — Illegal mining — Quashing of FIR — Petitioners undisputedly are co-owners  in land, where illegal mining...

(ii) Mines and Minerals (Development and Regulation) Act, 1957, Section 22, Indian Penal Code, 1860, S.379 — Cognizance of offences — Magistrate could well take cognizance of offence under MMDR Act and S.379 IPC and conduct joint trial under Section 220 Cr.P.C. as both offences are...

(ii) Mines and Minerals (Development and Regulation) Act, 1957, Sections 21(4), 22, Indian Penal Code, 1860, Section 379, , Criminal Procedure Code, 1973, S.482 — Quashing of FIR —Whether petitioner had earlier complained to Deputy Commissioner about theft of earth from fields was disputed question of...


Facts of the Case

P&H: Refuses to quash FIR in illegal mining case, says co-owners’ role must be tested at trial

The Punjab and Haryana High Court has refused to quash an FIR against three petitioners accused of illegal mining of gravel from joint land in Panchkula district. Justice Shalini Singh Nagpal held that the case involved disputed questions of fact and that the petitioners’ role, if any, could only be determined during trial.

The petitioners had approached the court under Section 482 of the Criminal Procedure Code seeking quashing of FIR No. 136 dated 21 October 2020. The FIR was registered under Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 379 of the Indian...

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