Crl. Rev. No.2220 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Revision No.2220 of 2011 (O&M) Date of decision: 21.9.2011 Ram Kumar & another ...Petitioners Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ashish Yadav, Advocate for the petitioners. Rajan Gupta, J (oral). This is a petition posing a challenge to the order, passed by Addl. Sessions Judge, Gurgaon, whereby charge has been framed against the petitioners for commission of offence under Sections 411, 188 & 120-B IPC and Section 3/5 of the Explosive Act. Learned counsel for the petitioners contends that there is no evidence on record to implicate the petitioners. According to him, petitioner No.1 was neither named in the FIR nor in any subsequent statement. Thus, order framing charge is vitiated and deserves to be set- aside. I have heard learned counsel for the petitioners and given careful thought to the facts of the case. FIR was lodged on the basis of a statement lodged by Assistant Mining Engineer who stated that mining work in Gurgaon is prohibited in view of the order passed by the Hon'ble Apex Court. On Crl. Rev. No.2220 of 2011 2 2nd January, 2005 at about 12.20 P.M., he visited the hill village Shikohpur along with his staff. He found that 5-6 labourers were carrying out mining. On seeing the Mining Officer, they fled. However, one person was arrested on the spot. They saw that one tractor on the spot and a compressor for carrying out the mining work. Some other implements were also found. The Officer found that orders passed by the Apex Court were being violated. He, thus, lodged the FIR and investigation ensued. The investigating agency presented challan against the petitioners. On the basis of material on record, charge was framed against the petitioners under Sections 411, 188 & 120-B IPC and Section 3/5 of the Explosive Act. The contention of the counsel that there is no evidence available against the petitioners, can only be appreciated during the course of trial after evidence is led. At this stage, it is not possible for this court to come to the conclusion that there is no evidence against the petitioners. The petition is, thus, without any merit. Same is hereby dismissed. (RAJAN GUPTA) JUDGE 21.9.2011 'rajpal'