ORDER : B. Kemal Pasha, J. 1. There was a contract between the Panchayat and the petitioner for removing clay from the clay field of the Panchayat. Alleging that the petitioner has removed excess clay, Annexure-I FIR has been lodged in Crime No. 323/2015 of the Pozhiyur Police Station against the petitioner by alleging the offences punishable under Sections 379 and 427 IPC and Sections 4(1) and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'the Act'). It seems that there was a contract between the parties. The allegation is that excess clay was removed. Even though the offences under Sections 379 and 427 IPC have been incorporated, there are no ingredients to invite the said offences. 2. The learned counsel for the petitioner has pointed out that proceedings for recovery of the amount in respect of the excess clay removed is pending in the matter. Regarding the offences under Sections 4(1) and 21 of the Act, it has to be noted that as per Section 22, no Court shall take cognizance of any offence punishable under the said Act, except upon a complaint in writing made by a person authorised in that behalf by the Central Government or the State Government. Annexure-A2 is the final report filed by the police in the matter. On a police report, the Court below ought not to have taken cognizance of the offences under the Act. The Sub Inspector of Police, Pozhiyur, who filed the final report, was not an authorised officer also. Matters being so, all further proceedings as against the petitioner in C.C. No. 560/2016 of the Judicial First Class Magistrate Court-II, Neyyatinkara and Annexure-II final report are liable to be quashed. In the result, this Crl. M.C. is allowed and all further proceedings as against the petitioner in C.C. No. 560/2016 of the Judicial First Class Magistrate Court-II, Neyyatinkara and Annexure-II final report are hereby quashed.