THE COURT SHOULD NOT INTERFERE WITH THE FIR AT THE INITIAL STAGE OF INVESTIGATION, WHEN THE INGREDIENTS OF THE ALLEGED OFFENCE ARE PRIMA-FACIE MADE OUT.

1. - The petitioners have prayed for quashing of F.I.R. No. 63/2013, registered at Police Station Malarna Doongar, Sawai Madhopur, for the offences under Sections 143, 447, 353, 392 I.P.C. and Section 21 of the Mines Act, 1952.

2. Briefly stated the facts of the case are Drat by a letter dated 20.4.2011, the State Mining Department had authorised one Shri Nawal Singh Ratnawat for collection of royalty and permit fees on excavation of 'Bajri' from revenue circles of Tehsil Sawai Madhopur, Bonli, Chouth-Ka-Barwara, Khandar and Malarna Doongar. In turn, Mr. Nawal Singh Ratnawat had authorised Jagdish, the petitioner No. 2, for collection of royalty on excavated 'Bajri', loaded in trucks/dumpers on Naka Malarna Station, by a authorisation letter dated 15.7.2012. Ever since 15.7.2012, Jagdish has been performing his duties.

3. On 13.3.2013, Sukhveer Singh, S.H.O., Police Station Malarna Doongar, registered a F.I.R. at Police Station Malarna Doongar, District Sawai Madhopur, wherein he claimed that he was on patrol duty with other police officers. While on patrol duty, they noticed that there was a J.C.B., which was excavating 'Bajri' from the Banas river and was loading it in a dumper, registered as RJ-05-GA-9701. The police party enquired from the driver of the dumper as well as the driver of the J.C.B., whether they had any permit or permission for excavating 'Bajri'. Both of them informed the police party that they do not have any such permit or permission. The police party spoke to Mr. Ramdayal, the Halka Patwari, who reached the place in fifteen minutes. The Patwari informed the police that the area falls in khasra No. 1824, which has been shown in the revenue record as Gair Mumkin Banas Nala (Nadi). The police also discovered fews pits about 3 to 4 feet deep, from which the J.C.B. had excavated the 'Bajri'. While the inspection was going on, suddenly ten to twelve persons came on eight to ten motorcycles. These persons included Jagdish, Ram Sahai Gurjar, Kishan Gopal Gurjar, Naresh Gurjar, Pappu Gurjar, Jugraj Gurjar and five to six other persons came and they told the S.H.O. not to seize the J.C.B. and the dumper. They also asked and faught with the police party and took away the J.C.B. and the dumper. On the basis of this report, a formal F.I.R., namely F.I.R. No. 63/2013, was chalked out for the offences under Sections 143, 447, 353, 392 I.P.C. and under Section 21 of the MMDR Act. Hence, this petition before this Court for quashing of the said F.I.R.

4. Mr. Amir Aziz, the learned counsel for the petitioners, has raised the following contentions before this Court:

Firstly, Jagdish, the petitioner No. 2, was authorised by Mr. Nawal Singh Ratnawat for collecting the royalty. Therefore, he was duly authorised by a person, who was authorised by the State Mining Department itself.

Secondly, the police have fabricated a false case against all the petitioners as the S.H.O. had been asking for illegal gratification from the petitioners. Since the petitioners had refused to pay the illegal gratification, they are being falsely implicated in the present case.

Thirdly, the falsity of the case is obvious from the fact that the petitioner No. 1, Ramsahai happens to be an old and handicapped person, aged about 70 years. He cannot even stand without the help of others. Yet he has been named as one of the alleged accused in the F.I.R. Moreover, Kishan, the petitioner No. 3 happens to be the Vice-President of the Bajri Sangh. Meanwhile, Naresh, Pappu and Jugraj, the petitioners Nos. 4, 5 and 6 respectively, happen to be mere labourer.

Lastly, the police does not have the jurisdiction to interfere with any mining operation being carried out by Jagdish. It is only the officials of the Mining Department who could possibly lodge a complaint against the petitioners for illegal mining operation. But the police cannot interfere with the same.

5. Heard the learned counsel for the petitioner and perused the impugned F.I.R.

6. It is, indeed, trite t