JUDGMENT :

This writ petition has been filed by the petitioners for quashing the first information report (for short ‘FIR’) of Rohtas (Amjhor) P. S. Case No. 05 of 2017 registered under rules 6, 7 and 8 of the Bihar Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2003 (for short ‘2003 rules’).

2. During pendency of the writ petition, since the police completed investigation and submitted charge-sheet before the court and the Judicial Magistrate, 1st Class, Dehri took cognizance of the offences vide order dated 27.02.2018 under rules 6, 7 and 8 of the 2003 rules, by way of preferring an interlocutory application, vide I. A. No.01 of 2019, the petitioners have sought for quashing the said order dated 27.02.2018.

3. Heard Mr. Suraj Samdarshi, learned counsel for the petitioners, Mr. Parth Sarthi, learned counsel for the State and Miss. Kalpana, learned counsel appearing for respondent no.5.

4. The impugned FIR was instituted on the basis of a written report submitted by the respondent no. 5 to the Officer-in-charge, (Rohtas) Amjhor Police Station on 07.01.2017 wherein it has been stated that on 06.01.2016 in a drive to check movement of vehicles overloaded with sand, 59 trucks loaded with sand over and above the capacity were intercepted near Ramdihra Sand Ghat. It is further stated that in respect of 10 wheeler and 12 wheeler trucks, challan of 400 cubic feet & 500 cubic feet respectively is to be issued whereas on such trucks, on an average 800-900 cubic feet sand was found loaded. The excess quantity of sand over and above indicated in the challan so issued was loaded with the complicity of the settlee of the sand ghat and its manager. On the basis of said information, it has been alleged that the provisions of clause 9 and 16 of the work order issued by the office have been violated. Clause 9 requires the amount paid to be mentioned on the challan, but the same has not been mentioned whereas clause 16 provides that water should not spill on the roads from the trucks laden with sand, but from all 59 trucks water was spilling on the road. Because of the aforesaid illegalities apart from the loss of revenue caused to the State, rules 7 and 8 of the 2003 rules have also been violated.

5. On receipt of the said written report, the Officer-in-charge of Rohtas (Amjhor) Police Station registered the FIR against the petitioner no. 2 and investigation was taken up.

6. On completion of investigation, charge-sheet has been submitted, vide charge-sheet No.61 of 2017 against the petitioner no. 2 and one Mahesh Prasad Singh, Manager of petitioner no. 1 whereafter, vide order dated 27.02.2018, the learned Judicial Magistrate, 1st Class has taken cognizance of the offences under rules 6, 7 and 8 of the 2003 rules.

7. Mr. Suraj Samdarshi, learned counsel appearing for the petitioner has submitted that petitioner no. 1 is a company incorporated under the Indian Companies Act, 1956. Petitioner no. 2 is its Chief Executive Officer. In pursuance to the notice inviting tender dated 08.01.2015 issued by the Department of Mines and Geology for the districts of Rohtas and Aurangabad, the petitioner no. 1 being the highest bidder was assigned the work order whereafter sand ghats of the said two districts were settled with petitioner no. 1 for 5 years and the work order was issued in its favour vide letter no.28 dated 23.01.2015.

8. He has contended that even after going by the entire contents of the FIR, no offence is made out either against the settlee or against petitioner no. 2, who has got no co-relation with the transporting agents. The presumption that each and every truck was loaded with 800-900 cubic feet is only an eye estimation.

9. He pleaded that rule 6 of the 2003 rules refers to establishment of check posts and barriers and weighment and inspection of minerals in transit. There is no violation of either any act or regulation by the petitioners. As far as overloaded vehicles are concerned, the petitioners cannot be held res