ORDER

This application, under Section 482 of Cr.P.C., has been filed for quashment of FIR in Crime No.300/2022 registered at Police Station Badarwas, District Shivpuri (M.P.) for offences punishable under Sections 379 , 411 IPC .

2. It is submitted by counsel for applicant that applicant was working as Panchayat Secretary. Sand was found stored in the house of Narendra Yadav who has stated that the sand was stored by applicant and on the statement made by Narendra Yadav applicant has been arrayed as an accused in Crime No.300/2022 registered at Police Station Badarwas, District Shivpuri (M.P.).

3. It is submitted by counsel for applicant that since applicant was working as Secretary and the sand was stored for the purposes of constructing CC road therefore, in view of Rules 3, 4 of M.P. Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules , 2022 (for brevity “Rules, 2022”), Panchayat cannot be made an accused. It is further submitted that the entire case is based on ocular evidence of Narendra Yadav and there is nothing on record to show that it was applicant who had stored sand in the house of Narendra Yadav. It is further submitted that even otherwise Narendra Y