- (1.) Heard Ms. Annapurna Devi, 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 2.5.2018, registered as case crime No.1004 of 2018, under Sections 420, 467, 468, 471 I.P.C. and Section 70 of Uttar Pradesdh Up Khanij (Parihar) Niyamawali, 1963, Police Station Sahibabad, District Ghaziabad.
(3.) Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits that petitioner no.1 is the driver and petitioner no.2 is the owner of the vehicle in question and the sand which was being loaded on the vehicle belongs to M/s. Mangal Infra Reality Pvt. K-8 Niti Nagar Sanjay Nagar Sector No.23 Ghaziabad who is the lease holder of extracting the sand and the entire papers were given to the petitioner no.1 who was only carrying the sand. The petitioner is having a valid driving licence to drive the vehicle and he has not prepared and manufactured the documents and he was simply carrying the sand. He next argued that the main allegation is against the co-accused and the petitioners happens to be only the driver and owner of the vehicle in question, in which minerals were being loaded, have been falsely implicated in the present case. 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.;