Holding that registration of a case under Indian Penal Code and 'Mines and Minerals (Development
and Regulation) (MMDR) Act' was not illegal if the act of an accused constituted offences under both statutes, Madras High Court today held police could proceed with its investigation.
A Madurai Bench comprising Justices M Jaichandren and S Nagamuthu in their order said in the event of the police filing a final report in respect of offences under IPC and MMDR Act, the magistrate concerned may take cognisance of the offences under IPC alone and proceed with the trial.
However, in respect of offences punishable under the MMDR Act, the court should take cognisance only on a complaint filed by a person authorised by the central or state governments under section 22 of the Act and not on the police report alone, the Bench said.
A Single Judge of the high court had referred to the Bench the question whether petitions filed by K C Palanisamy, DMK's Avarakurichi MLA, opposing police investigation into alleged charges of illegal sand quarrying against him and four others.
He had cited Article 20(2) of the Constitution, which says that no person should be prosecuted and punished for the same offence more than once.
Referring to the position in Tamil Nadu regarding filing of complaints under section 22 of the MMDR Act, the Judges pointed out that the state government by a September 18, 2006 order had authorised inspectors of police to file complaints under the section.
On completion of the investigation it would be lawful for an Inspector of police concerned, as an authorised person, to file a complaint under section 22 of the Act before a jurisdictional magistrate, upon which the magistrate may take congnisance, the Bench said and directed the registry to list the cases before the Single Judge.