Punjab & Haryana High Court Holds Police Can Register FIRs for Illegal Mining Under MMDR Act; Bar Under Section 22 Applies Only at Cognizance Stage
Case Name: Jagdish Singh v. State of Punjab
Date of Judgment: 9 January 2026
Citation: CRM-M-66839-2025
Bench: Hon’ble Mr. Justice Vinod S. Bhardwaj
Held: The Punjab and Haryana High Court dismissed a batch of petitions seeking quashing of FIRs and criminal proceedings initiated for illegal mining under the Mines and Minerals (Development and Regulation) Act, 1957. The Court held that by virtue of Section 21(6) of the Act, offences under Section 21(1) are cognizable, and therefore, registration of FIRs and investigation by the police are legally permissible. The Court clarified that the bar under Section 22 of the Act operates only at the stage of taking cognizance by the Court and does not prohibit registration of FIRs or filing of police reports.
Summary: The batch of petitions raised a common legal question regarding the scope and interplay of Sections 21(6) and 22 of the Mines and Minerals (Development and Regulation) Act, 1957. The petitioners challenged FIRs, final reports, and orders framing charges for offences relating to illegal mining, contending that in view of Section 22, prosecution could be initiated only upon a written complaint by an authorised officer and that police had no jurisdiction to register FIRs or conduct investigation.
The Court examined the statutory scheme of the Act, particularly noting that Section 22, which bars courts from taking cognizance except on a complaint by an authorised officer, has existed since the enactment of the statute, whereas Section 21(6), inserted later, expressly declares offences under Section 21(1) to be cognizable notwithstanding anything contained in the Code of Criminal Procedure. The Court held that the later provision carves out a clear exception to the earlier bar and must be given full effect.
Relying on authoritative pronouncements of the Supreme Court, including State (NCT of Delhi) v. Sanjay and Jayant v. State of Madhya Pradesh, the Court held that there is no legal embargo on police registering FIRs, investigating offences of illegal mining, or submitting reports under Section 173 CrPC. The restriction under Section 22 applies only at the stage when the Court is called upon to take cognizance, which can be done only upon a complaint filed by an authorised officer.
The Court further held that earlier single-bench decisions taking a contrary view had failed to consider the effect of Section 21(6) and were therefore rendered per incuriam. It was also observed that disputed factual issues relating to demarcation, ownership, or extent of illegal mining could not be adjudicated in proceedings under Section 482 CrPC and were matters for trial.
Decision: All the petitions were dismissed. The Court upheld the registration of FIRs, investigation by the police, and continuation of criminal proceedings. It was clarified that cognizance by the trial court must ultimately conform to Section 22 of the MMDR Act. All pending applications were disposed of.