- (1.) Heard Sri R.L.Chaudhary, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
(2.) The relief sought in this petition is for quashing of the F.I.R. dated 16.2.2018, registered as Case Crime No.41 of 2018, under Sections 379, 411 I.P.C., 2/3 Prevention of Damages of the Public Property Act and under Section 4/21 Illegal Excavation Act (Mining Act), Police Station Chhawani, District Basti.
(3.) Learned counsel for the petitioners submits that the petitioners are not named in the FIR and their names have come into light during the course of investigation. He further submits that the petitioners are bonafide purchasers of the laden sand on the tractor trolley after paying the sale considerations to the Mining Department of the Government of U.P. from authorized sale centre. He next argued that the allegations levelled against the petitioners are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.;