MAHESH SONU GAWADE Vs. STATE OF GOA

JUDGEMENT

(1.) Rule, made returnable forthwith. The learned Public Prosecutor waives service on behalf of the respondent nos. 1 and 2 and Mr. Phadte, the learned Counsel, waives service on behalf of the respondent no.3. Heard finally with consent of the parties.

(2.) By this petition, under Article 226 of the Constitution of India read with Sec. 482 of Code of Criminal Procedure (Code, for short), the petitioner (accused no.A7), seeks quashing of FIR No.28/2017 dtd. 11/4/2017 registered with P.S. Valpoi and consequent prosecution in Criminal Case No.7/18 pending before the learned Judicial Magistrate First Class at Valpoi. In the aforesaid case, the petitioner along with 44 others are facing prosecution for the offence punishable under Ss. 143, 341, 506(ii) read with Sec. 149 of the Indian Penal Code (IPC, for short).

(3.) The brief facts are that the petitioner and the co-accused including 23 women are residents of Village Sonshi, Sattari, which happens to be a small village. There are about 13 mining leases surrounding the said village which saw the influx of six mining companies. The residents of the village have been complaining about the mining operations and the consequent damage to the environment and the air, water and sound pollution resulting out of the mining activities and the transport of the mining ore, since long. According to the residents of the said village, despite a memorandum from Ministry of Environment and Forest (MoEF) banning the transport of the ore through village roads, the transport of the ore continues unabated in overloaded trucks at times not covered properly resulting into immense pollution in the village thereby adversely affecting the health of the residents.