RAMSAHAI & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have prayed for quashing of FIR No.63/2013, registered at Police Station Malarna Doongar, Sawai Madhopur, for the offences under Sections 143, 447, 353, 392 IPC and Section 21 of the Mines Act, 1952.

(2.) Briefly stated the facts of the case are that by a letter dated 20.04.2011, the State Mining Department had authorized one Shri Nawal Singh Ratnawat for collection of royalty and permit fees on excavation of 'Bajri' from revenue circles of Tehsil Sawai Madhopur, Bonli, Chouth-Ka-Barwara, Khandar and Malarna Doongar. In turn, Mr. Nawal Singh Ratnawat had authorized Jagdish, the petitioner No.2, for collection of royalty on excavated 'Bajri', loaded in trucks/dumpers on Naka Malarna Station, by a authorization letter dated 15.07.2012. Ever since 15.07.2012, Jagdish has been performing his duties.

(3.) On 13.03.2013, Sukhveer Singh, S.H.O., Police Station Malarna Doongar, registered a FIR at Police Station Malarna Doongar, District Sawai Madhopur, wherein he claimed that he was on patrol duty with other police officers. While on patrol duty, they noticed that there was a J.C.B., which was excavating 'Bajri' from the Banas river and was loading it in a dumper, registered as RJ-05-GA-9701. The police party enquired from the driver of the dumper as well as the driver of the J.C.B., whether they had any permit or permission for excavating 'Bajri'. Both of them informed the police party that they do not have any such permit or permission. The police party spoke to Mr. Ramdayal, the Halka Patwari, who reached the place in fifteen minutes. The Patwari informed the police that the area falls in Khasra No.1824, which has been shown in the revenue record as Gair Mumkin Banas Nala(Nadi). The police also discovered fews pits about 3 to 4 feet deep, from which the J.C.B. had excavated the 'Bajri' . While the inspection was going on, suddenly ten to twelve persons came on eight to ten motorcycles. These persons included Jagdish, Ram Sahai Gurjar, Kishan Gopal Gurjar, Naresh Gurjar, Pappu Gurjar, Jugraj Gurjar and five to six other persons came and they told the SHO not to seize the J.C.B. and the dumper. They also asked and faught with the police party and took away the J.C.B. and the dumper. On the basis of this report, a formal FIR, namely FIR No.63/2013, was chalked out for the offences under Sections 143, 447, 353, 392 IPC and under Section 21 of the MMDR Act. Hence, this petition before this Court for quashing of the said FIR.