HITESH BHARDWAJ AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have filed this petition under Section 401 of the Code of Criminal Proceudre, 1973 challenging the order dated 15.10.2013 whereby charge has been ordered to be framed against the petitioners.

(2.) Learned counsel for the petitioners has submitted that there was no material available on record to proceed against the petitioners. In support of his argument, learned counsel has placed reliance on Central Bureau of Investigation, Hyderabad versus K. Narayana Rao , 2012 9 SCC 512, wherein it was held as under:-

(3.) Prosecution story, in brief, is that Inspector Mahavir Singh along with other police officials reached Tauru bypass Bhiwadi Mod. One dumper bearing No. HR-38-P-3486 was seen coming, driven by Rukka and Sehzad as its conductor. The said persons could not produce any licnece with regard to mining. The said persons informed that they were doing illegal mining with the help of officers of Khori Barrier, Tauru Police Station, Sohna Police Station and the officials of Mining Department. Due to this reason, huge loss was being caused to the government. During investigation it transpired that the petitioners were purchasing the stolen stones from the vehicle. Hence, the Trial Court rightly framed charge against the petitioners qua commission of offence punishable under Section 411 of the Indian Penal Code, 1860. There is no quarrel with the proposition of law laid down by the Apex Court in the decision relied upon by the learned counsel for the petitioners but the same fails to advance the case of the petitioners.