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2019 (12) TMI 1554 - SC - Indian LawsMaintainability of petition - Illegal mining - prosecution and cognizance of the offence or not - power to arrest without warrant in case of cognizable offences - HELD THAT:- The order of the High Court refusing to set aside the prosecution and cognizance of the offence taken by the learned Magistrate Under Section 379 of the Indian Penal Code and Sections 3 and 4 of the Prevention of Damage to Public Property Act. It is clarified that prosecution and cognizance Under Section 21 read with Section 4 of the Mines Regulation Act will not be valid and justified in the absence of the authorisation. Further, the observations in deciding and answering the legal issue should not be treated as findings on the factual allegations made in the complaint. The trial court would independently apply its mind to the factual allegations and decide the charge in accordance with law. The prosecution and cognizance of the offence Under Section 379 of the Indian Penal Code and Sections 3 and 4 of the Prevention of Damage to Public Property Act is upheld - appeal allowed in part.
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