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2018 DIGILAW 226 (UTT)

Mohd. Rashid v. State of Uttarakhand

2018-04-27

V.K.BIST

body2018
JUDGMENT : V.K. Bist, J. This petition has been filed by the petitioners seeking the following reliefs: “(i) A writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 25.03.2018 in F.I.R. No. 0296 of 2018, under Section 4/21 Mines and Minerals Act, 1957 and Section 379, 411 & 120-B of I.P.C., Police Station Laksar, District Haridwar. (ii) A writ, order or direction in the nature of mandamus commanding/ directing the respondent no. 1 & 2 not to harass the petitioners in view of the impugned F.I.R. till the collection of any credible evidence against the petitioners and till the filing of the charge sheet. (iii) A writ, order or direction to the concerned authority to forthwith release the vehicle of the petitioner which was ceased by respondent pursuant to the F.I.R. No. 0296/2018 U/s 4/21 Mines and Minerals Act 1957 and Section 379, 411 and 120-B I.P.C., P.S. Laksar, District Haridwar.” 2. Allegation against the petitioners in the F.I.R. lodged by the respondent no.3 (complainant) is that the trucks of the petitioners were carrying the illegally loaded minerals from Banganag river. Furthermore, the said trucks were driven by the drivers, who fled away from the spot, and they were not having the valid permit and permission from the concerned authorities regarding the transportation of minerals. 3. Learned counsel for the petitioners submitted that allegations made against the petitioners in the impugned F.I.R. are totally false and, therefore, protection should be granted to the petitioners. 4. Learned Assistant Government Advocate vehemently opposed the writ petition. He submitted that allegations made against the petitioners are serious in nature. Therefore, interim relief should not be granted to the petitioners and the writ petition filed by them deserves to be dismissed at the threshold. 5. I have considered the submission advanced by the learned counsel for the parties and have perused the papers available on record. 6. The Hon’ble Apex Court, in the case of State of West Bengal. Vs. Swapna Kumar, 1982 (1) SCC 561 , has held that if an offence is disclosed, Court will not normally interfere with the investigation into the case, and will permit investigation into the offence alleged to be completed. 6. The Hon’ble Apex Court, in the case of State of West Bengal. Vs. Swapna Kumar, 1982 (1) SCC 561 , has held that if an offence is disclosed, Court will not normally interfere with the investigation into the case, and will permit investigation into the offence alleged to be completed. If the FIR, prima facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the lawful power of the police to investigate into cognizable offences. 7. I have considered the submission of learned counsel for the parties and gone through the contents of F.I.R. Contents of F.I.R. disclose offence and it is for the Investigating Officer to investigate the case and, thereafter, either to file charge sheet or final report in the matter. It is not a fit case, where the High Court should interfere in this criminal writ petition moved under Article 226 of the Constitution of India. Consequently, the writ petition is dismissed. 8. Stay application (CLMA No.4664 of 2018) stands rejected. 9. Learned counsel for the petitioners then submitted that in case offence is made out against the petitioners, in that event, the petitioners will surrender before the Court concerned and will move the bail applications and the Courts below may be directed to decide their bail applications same day. Considering the submission of learned counsel for the petitioners, it is directed that in case petitioners surrender and move bail applications, the same shall be decided by the Courts below expeditiously, preferably on the same day, in accordance with law. 10. Urgency application (I.A. No. 3154/2018) is, accordingly, disposed of.