MUKID ULLAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. has been filed, for quashment of the entire criminal proceeding of S.T. No.01/2017, pending before 1st Additional Sessions Judge, Panna, for offence under Sections 465, 466 and 474 of IPC.

(2.) Bereft of unnecessary details, the facts requisite for disposal of this petition are that, on the report of the Executive Magistrate, Ajaygarh, District Panna dated 14.10.2015, FIR at Crime No.272/2015 was lodged by Police Station Ajaygarh, for offence under Sections 465, 466 and 474 of the IPC. The written complaint contain that in the intervening night of 7th and 8th, September, 2015, at about 12:30 AM, on a tip from the informer that, minerals by illegal mining is being transported, the Executive Magistrate, Patwari Rambaran Patel, Patwari Pyare Singh Gond and Peon Rajendra Prasad Tripathi conducted inspection and intimated the Police Control Room to send police staff. ASI Sharma and other police staff came to Pungari-Chandora road. Two tractors carrying sand by illegal mining was being transported. Tractors having registration No. MP-35-AA2510 and UP-90-E-0562, were driven by the drivers Virendra and Rammilan without valid papers. Neither any ramanna (pass) was shown. It was informed to the Executive Magistrate that the sand was being illegally obtained from Chandipathi and are being dumped at Pungari in the dumping place of Farhat Hussain. Three cubic meters of sand was seized from each tractor. While this operation was being carried out, a Bolero having registration No. MP-35-CA-1589, crossed the spot 2-3 times. Having suspicion, the said Bolero jeep was stopped and searched. During the search, under the seat cover, a book (bandi) having Sr. No. 619751 to 619800 was found. 16 of the leafs were taken out and 34 of the leafs were empty. The counterfoils of the leaf taken out are not filled up. Besides three other passes having Sr. No. 0359897, 620538 and 620550 were also found. In two passes, name of Mohammad Hussain was written. The seal and signature were found in the bandi (pass), therefore, it could not be ascertained that who has issued those passes. Having suspicion, the same was seized. The driver Mukid Ullah was interrogated. He informed the Executive Magistrate that the vehicle belongs to Ishlahuin Nisha Baroli. The jeep was seized.

(3.) On 08.09.2015 at about 6 PM, the owner of the tractor produced two passes of dumping. The illegal transportation was found on the Chandora-Pungari Road, which is 15 kms. away from the sand mine of which passes were given. When the passes were issued for Beera Mine, why the sand was filled at Chandipathi Mine, could not be explained. Tractors having registration No. MP-35-AA-2510 and UP-90-E-0562 and Bolero having registration No. MP35-CA-1589 containing forged passes were sent to the Sub- Divisional Officer, Ajaygarh for necessary action with the request to lodge FIR and take appropriate action.