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 sa