Order

04/02/2021 The petitioners by this petition has challenged FIR No.40/2020 of Police Station- Gotan (Nagaur) registered against them for offence under secs.420, 406 IPC.

Learned counsel for the petitioners submits that on the basis of aforesaid FIR, no case under sec.406 or 420 IPC is made out against the petitioners in view of law laid down by Hon’ble Supreme Court in State of Haryana Vs Bhajan Lal & others:

(1992) Supp 1 SCC 335.

It is submitted that the petitioners entered into an Agreement for operating of their mine with the complainant, who has subsequently lodged the present FIR, alleging that from the said mine high-quality stone was not recovered and therefore, he has suffered great loss. It is also stated in the FIR that he had spent huge amount of Rs.27 Lacs in development of the mine but the stone of high quality was not recovered from the mine and thus, the petitioners have committed offence under sec.420 and

406 IPC.

Learned counsel for the petitioners submits that the mine admittedly belongs to the petitioners and therefore, there is no case of offence under sec.406 IPC nor can it be said to be a case of offence under sec.420 IPC, as admittedly an Agreement was enter