DALJIT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) By this common judgment I intend to dispose of Criminal Misc. No. M-8141 of 2013 titled as Daljit Singh Vs. State of Punjab and another and Criminal Misc. No. M-8040 of 2013 titled as Gulzar Singh Vs. State of Punjab and another as these petitions have arisen out of the same FIR. Facts are being taken from Criminal Misc. No. M-8141 of 2013 titled as Daljit Singh Vs. State of Punjab and another .

(2.) Challenge in these petitions under sections 482 of the Code of Criminal Procedure (in short - Cr. P.C.) are the order dated 2.3.2013 passed by Shri Ajaib Singh, Additional Sessions Judge, Fast Track Court, Ropar wide which the revision against the order dated 16.2.2013 passed by Shri Baljinder Singh, PCS, Judicial Magistrate 1st Class, Anandpur Sahib was dismissed.

(3.) Briefly stated complainant Pooja submitted an application to the Station House Officer, Police Station Kiratpur Sahib in which it is mentioned that on the directions of Deputy Commissioner Roopnagar, to stop illegal mining, on 4.2.2013 at 1.00 a.m., a round was made at Chand Pur Bela with the police officials of the Police Station, Kiratpur Sahib by Swaran Singh Mining Guard. According to his report on checking GS Screening Plant Chand Pur Bela two tipper drivers ran away by emptying the gravel from tippers after seeing around the screening plant it was visible that fresh heaps of gravels are there and there is excavation around the plant. Accordingly to the report of the guard there are two pits near the plant which are fresh and excavation has been done in spite of ban on mining in District Rupnagar. Action should be taken against G.S. Screening Plant owner and the tipper driver under section 21 (i) (4) (i) of the Mining Act. The tippers found parked at the spot were bearing registration Nos. PB-12-Q-0771, PB-12-Q- 1783, PB-12-Q-0662. PB-12-N-5360. PB-12-Q 1784, PB 12-N 5360 and PB-12N5359 and Poplaine Tata Hiutachi Ex. 200 LC.