(1.) This petition has been filed for challenging the FIR registered in Crime No. 1185 of 2020 for the offence punishable under Sections 379, 430 IPC and 21(1) of Mines and Minerals (Development and Regulations) Act, 1957.
(2.) The learned counsel appearing for the petitioner would submit that, though the petitioner is named in the FIR, his rank has not been mentioned. The petitioner has been impleaded as an accused only on the statement recorded from the first and second accused. According to the confession statement, the first and second accused, as per the instruction of the petitioner herein, they have taken river sand from Palar river without any permission or license. Except this statement from first and second accused, there is no other material to connect the petitioner to implead as an accused in Crime No. 1185 of 2020.
(3.) He further submitted that the petitioner is the Civil Contract worker under the Public Work Department as well as the Highways Department. He is also carsrying Msand unit business only in Vellore locality. Therefore, he is no way connected with the other accused persons and only due to vengeance as against the petitioner, the other accused persons have falsely implicated the petitioner in the crime committed by them. Therefore, he sought for quashment of the FIR.