- (1.) Heard learned counsel for the applicants as well as the learned A.G.A. and perused the records. This petition under Section 482 Cr.P.C. has been moved to quash and set aside the chargesheet no. 367/12 dated 26.9.2012 under Section 307 I.P.C. filed against applicant no. 1, chargesheet no. 367-A of 2012 dated 28.9.2012 filed against applicant no. 1 under Section 147, 148 and 149 I.P.C. and the chargesheet no. 367-A of 2012 dated 28.9.2012 filed against applicant nos. 2 to 5 under Sections 147, 148, 149 and 307 I.P.C., Police Station Swar, district Rampur.
(2.) Brief facts of the case are that a police party had gone to the banks of river Kosi to prevent illegal mining of sand. During its patrolling in the area the police party found that some people were engaged in illegal mining. A JCB machine and four dumpers were there. The JCB machine was being used in digging and lifting the sand and dumping the same on the dumper so that the sand may be taken away. Seeing the police party the persons who were indulged in mining ran away. The police party took in its possession the JCB machine and the dumpers and took them to the police station. To prevent the repetition of illegal mining the Station Officer of the police station concerned directed the opposite party no. 2 and another constable to stay behind on the spot and rest of the police party left for the police station. This all happened on 27.7.2012 in the early hours of the night. When the police party left the scene leaving behind opposite party no. 2 and another constable, a few persons reached the spot at about 12.30 P.M. And started threatening the constables and, thereafter one of them fired upon them (the two constables). Fortunately both of them escaped unhurt. In defence opposite party no. 2 and his companion fired one shot each from their rifles whereupon all the miscreants ran away. An F.I.R. was lodged with the police on 28.7.2012 at 3.15 P.M. The distance of the police station from the spot is some 15 Kms. The F.I.R. was lodged against certain unknown persons.
(3.) It has been submitted from the side of the applicant that there is absolutely no evidence against them in the case diary. It has further been submitted that they are not named in the F.I.R. and there is nothing in the entire case diary which may indicate that any source of light was there. It has also been submitted that all the applicant have been falsely implicated in this case because they refused to grease the palm of the local police. It has further been submitted that applicant no. 1 is a license holder to carry out mining of silica on the banks of river Kosi.;