2025 Gyan Alias Gyanendra Bharthi And 10 Others State of U.P & Anr. v. Ram Kripal) & Ors.

It is submitted by learned counsel for the applicants that the applicants have been falsely implicated in the present case. Initially, the FIR was lodged against 51 named and several unknown persons. After due investigation, it was found that 14 persons, named in the FIR, had died and some persons were working as officers or employees of State in different districts and they were not present at the place of alleged incident. The sand was not found in the field of several persons and the applicants being the innocent labourers, have been implicated in the present case. It is further submitted that no prima facie offence is made 2 NA528 No. 51198 of 2025 out against the applicants and the learned court cannot take cognizance under section 4/21 of the Mines Act, and Section 3/57/7 U.P. Sub Mineral Concession Rules, 1963 and the cognizance may be taken under the aforesaid acts only on the basis of complaint case.

Per contra, learned AGA opposed the prayer and stated that a prima facie offence is made out and innocent persons were exhonerated during the course of investigation and there is no illegality in submission of chargesheet.

The matter requires consideration.

Issue notice to opposite party no. 2 returnable at an early date.

The opposite parties may file their counter affidavit within six weeks.

Rejoinder affidavit, if any, may thereafter be filed within two weeks.

List thereafter.

Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicants. January 20, 2026 Nitendra (Vivek Kumar Singh,J.)