RISHIPAL Vs. STATE OF UP

JUDGEMENT

(1.) These are two petitions which have been heard together for being disposed of by a composite order.

(2.) The first writ petition has been filed seeking quashment of F.I.R dated 10.6.2010 lodged by respondent No. 4 in case crime No. 1005 of 2010 under Section 379 IPC and Section 3/21 of the Mines and Minerals (Regulation and Development)Act, 1957 under Rules, 3/57/70 of the U.P. Miner Mineral (Concession) Rules, 1953 and under Section 2/3 of the Gangsters Act. Similar is the prayer in the second writ petition and the petitioner in that writ petition is also one of the accused nominated in the self same F.I.R.

(3.) It is noticeable from the contents of the F.I.R aforesaid that the petitioner has been arraigned for offences under Section 379 IPC which are cognizable offences besides the offences under the Mines, Minerals (Concession) Rules. In connection with the submissions, we feel called to refer to the contents of the F.I.R. The F.I.R mentions Khasra No. 1, and Khasra No. 60/321 where the sand has been excavated by the accused persons including petitioner. It is further mentioned that the excavation has been done upto the depth of 2 meter and loss has been estimated to the extent of Rs. 6,63, 520.00. It is further mentioned in the F.I.R that the accused persons including petitioner have formed a gang and they have been carrying on the illegal excavation as Mines Mafia. It is further mentioned that the accused including petitioner have been carrying their illegal activities of excavating sands without valid license. On similar lines is the F.I.R in the second writ petition as well.