P&H: Quashes FIR Against Mining Licensee, Once licence for mining of minerals was accorded, question of theft of mineral did not arise

punjab-haryana
⚖️ Order Date: 31 Aug 2026
Headnotes

(i) Indian Penal Code, 1860, Ss.379, 420, Code of Criminal Procedure, 1973, Section 482, Mines and Minerals (Development and Regulation) Act, 1957, Ss.4(1) and 21(1) — Theft and cheating — Quashing of FIR — Once licence for mining of minerals was accorded to the petitioner,...

(ii) Mines and Minerals (Development and Regulation) Act, 1957, S.4(1),  Indian Penal Code, 1860, Ss.379, 420, Code of Criminal Procedure, 1973, Section 482 — Theft and cheating — Mining concession agreement — Alleged failure to install weighing machine and alleged charging of higher rates were matters...


Facts of the Case

P&H: Quashes FIR Against Mining Licensee, Once licence for mining of minerals was accorded, question of theft of mineral did not arise

The Punjab and Haryana High Court has quashed an FIR registered against a mining licensee, holding that the allegations against him, even if accepted as true, did not make out offences of theft or cheating. The Court said the dispute arose out of alleged breach of mining contract conditions and had to be dealt with under the contract itself.

The case was filed by Rakesh Kumar Choudhary, who challenged FIR No. 100 dated 10 October 2022 registered at Police Station Kiratpur Sahib, Rupnagar. The FIR alleged offences under Section 379 of the IPC and Sections 4(1) and 21(1) of the...

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