KANWAR PAL SINGH vs THE STATE OF UTTAR PRADESH

The Supreme Court examined the applicability of Section 379 IPC in the context of illegal mining under the Uttar Pradesh Minor Minerals (Concession) Rules, 1963, and the Mines and Minerals (Development and Regulation) Act, 1957. The Court held that the prosecution for theft under Section 379 IPC is not maintainable when the alleged act falls under the specific regulatory framework of mining laws, particularly when the accused holds a valid mining lease. The appeal was allowed, and the FIR was quashed, emphasizing the primacy of mining regulations over general criminal provisions.