KUDRATDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have filed the present petition under Sec. 482 Cr.P.C. for quashing of FIR No.73 dtd. 18/7/2022 (Annexure P-7) registered under Ss. 379, 406, 420, 465, 468, 471, 120-B IPC and Ss. 21(1) and 4(1) of Mines and Minerals (Regulation) of Development Act, 1957 and Sec. 15 of Environment Protection Act, 1986 at Police Station Rahon District S.B.S. Nagar and all the consequential proceedings arising therefrom with further prayer that during the pendency of the present petition no coercive action be taken against the petitioners.

(2.) The challenge to the impugned FIR has been laid by the petitioners on the ground that earlier also FIR No.26 dtd. 7/3/2018 was registered under Ss. 379, 420, 465, 467, 468, 471 IPC and Ss. 21(1) and 4(1) of Mines and Minerals (Regulation) of Development Act, 1957 (Annexure P-1) with regard to the same subject matter was registered against petitioner No.1-Kudratdeep Singh and 25 other persons.

(3.) The learned senior Advocate for the petitioners submitted that FIR (Annexure P-1) was registered against 26 persons including the petitioner No.1. That petitioner No.2 was not named as accused in the said FIR. The Senior counsel for the petitioners further submitted that FIR (Annexure P-1) was relating to illegal sand mining in six sand mines in the area of SBS Nagar. The counsel for the petitioner further submitted that as per allegations in the said FIR, a team of mining department and civil administration inspected the said mines on 6/3/2018 and at that time, it was found that certain persons were doing illegal mining and several machines and vehicles like poclain machines, JCBs, trucks and tippers were seized by the said team at the spot. That as per the allegations in the FIR (Annexure P-1) three forged weighment slips were also recovered at the spot and consequently the aforesaid FIR was registered against petitioner No.1 and 25 other persons on the basis of the aforementioned spot inspection.