Case under IPC, MM Act not illegal

CHENNAI: If an action of the accused constitutes offences under the IPC and the provisions of the Mines and Minerals (Development and Regulation) Act (MM Act), the registration of a case under both the Acts is not illegal and the police may proceed with the investigation, the Madurai Bench of the Madras High Court has ruled.A division bench comprising Justices M Jaichandran and S Nagamuthu gave the ruling on Thursday at Chennai. DMK sitting MLA KC Palanisamy and four others were the accused in the case.The bench, however, said that the police should file a police report only in respect of the offences punishable under the IPC, and in respect of the offences under the MM Act, the police inspectors, who had been authorised by a notification dated September 18, 2006 of the Industries (MMC1) department to file complaints under Sec 22 of the MM Act, might file a separate complaint.The bench was deciding a question of law whether the provisions of MM Act would either explicitly or impliedly exclude the provisions of the IPC when the action of an accused was an offence under both the Acts, and if a case was registered by the police under both the provisions and a final report was submitted, whether it would be lawful for a magistrate to take cognizance of the said final report. Originally, the inspectors of police in Mayanur in Karur district, Ramanathapuram and Dindigul, registered complaints against Palanisamy and others respectively under various sections of the IPC, TN Prevention of Destruction to Public Property Act, Mines and Minerals Act and Mines and Minerals Concession Act. The charge against them was that they committed theft of sand from river. Seeking to quash the FIR, they moved the Madurai HC. They cited the orders of two single judges, which quashed the FIRs on earlier occasions on the ground that Sec 22 of the MM Act would over-ride the provisions of the general law.