ORDER :

1. Heard learned advocate Mr. Nehal Gandhi appearing on behalf of Ms. Richa Shah learned advocate for the applicants and Learned APP Ms. Maithili Mehta for the respondent Nos. 1 and 2.

2. By way of the present application the applicant herein has prayed to quash and set aside the Criminal Case No. 501 of 2014 pending before the Hon’ble Chief Metropolitan Magistrate, Ahmedabad arising out of the FIR being I-C.R. No. 116 of 2014 registered with the Isanpur Police Station, Ahmedabad.

3. Learned advocate Mr. Nehal Gandhi for the applicants submitted that as there was very heavy rain on 23.07.2014 in Ahmedabad and as per the instruction given by the customer, instead of unloading the ordinary sand on 23.07.2014 in morning hours, the applicant No. 1 was instructed to load the ordinary sand on intervening night hours between 23.07.2014 and 24.07.2014. It is submitted that on 23.07.2014 at about 11:30 p.m. the complainant/ respondent No. 2 stopped the dumper and without asking anything to the applicant No. 1 and/or without inquiring about the valid transport permit, without giving opportunity for producing the royalty pass the applicant No. 1 was arrested by the Police authority.

4. Th