Sangitrao S. Patil, J.

The applicant (original accused No. 1) has prayed for quashing of the First Information Report bearing No. 15 of 2016 ("F.I.R.", for short) registered in Police Station, Shevgaon, Tq. Shevgaon, Dist. Ahmednagar against him and others for the offences punishable under Sections 353 and 379 read with Section 34 of the Indian Penal Code ("I.P.C." for short) and under Section 3 punishable under Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 ("the Act of 1957", for short).

2. Respondent No. 2 viz:- Appasaheb Gangadhar Shinde, the Circle Officer, appointed at village Bhatkudgaon, Tq. Shevgaon, Dist. Ahmednagar and his companions raided on 15.01.2016 at about 11.15 p.m. at a spot in the Godavari river bed within the local limits of village Mungi, near the agricultural land of one Gulabrao Daspute and found eight trucks, in which the sand that was illegally excavated from the river bed by means of a poke-lane machine and was being loaded in the said trucks. After noticing the raiding party and police, two of the trucks were speedily taken away by the respective drivers. The remaining six trucks came to be seized on the spot. The op