D.N. Upadhyay, J. - (1.) Heard the parties.
(2.) This criminal miscellaneous application has been filed on behalf of the petitioners for quashing of the F.I.R. in connection with Govindpur P.S. Case No. 157/1997 [G.R. No. 2619/1997], registered under Sections 414/34 of the Indian Penal Code.
(3.) The brief facts, as it appears from the written report, is that the informant, who happens to be Inspector of C.I.S.F., along with other officers and constables, conducted a raid near Phulwadih Basti. It is alleged that seeing the informant and other C.I.S.F. personnel's coming, the persons who were trying to remove Truck No. BRB 7392 which was stuck in mud, fled away. The said Truck was found loaded with 5 Tons of Steam Coal and 7 M.T. of coal was unloaded with a purpose to get the vehicle released from the mud. On verification and interrogation, name of petitioners and other accused indulged in illegal trade of coal, have come in light. No person had appeared to claim either coal or the Truck. Thereafter, the coal and Truck were seized and produced before the Police with a written report on the basis of which Govindpur P.S. Case No. 157/1997 under Sections 414/34 of the Indian Penal Code was registered against the petitioners and other accused persons.;