Judgment L.P.N.Shahdeo, J. 1. This criminal writ application has been filed for quashing the F. 1. R. (Annexure 1) arising out of Dhanbad P. S. Case No 688/82 under Section 7 of the Essential Commodities Act and Sec. 414 of the I. P.C. then pending in the court of the Chief Judicial Magistrate, Dhanbad now pending in the court of the Specials Judge, (E. C. Act), Dhanbad. 2. It appears that this application was admitted by a Division Bench of of this Court on 14-3-1983 and further proceedings of this case in the court of the Chief Judicial Magistrate was stayed but not the investigation. It appears that during the pendency of this writ application charge-sheet was received in the court of the Special Judge, Dhanbad and the case is now pending there. 3. Shortly stated, the facts of the case are that one dumper bearing No. BHW 8729 was detected carrying coal near the gate of M/s. Shayama Industry, Dhanbad which was seized on 20/21-11-1982 by the police officer and the dumper was found loaded with coal supplied from Jamadeba Coal Washery of Tata Iron and Steel Company to M/s. Naresh Kumar Whole Sales (P) Ltd. On examination certain papers were produced which bore the Coal of Kapuria Depot and in these circumstances it was suspected that the coal was stolen property. Thereafter, F. I. R. was lodged on 21-11-1982. 4. Mr. Dayal, learned Counsel for the petitioner submitted that the entire criminal prosecution of the petitioner on the basis of the F. I. R. and the charge-sheet is wholly illegal and void and requires interference by- this Court. It was further submitted that on the admitted facts from the record, that the F. I. R., and the charge, and the diary it has been established that the coal is supplied to the Jamadeba Coal Washery out of the Central Government quota and a part of that coal was sold to M/s. Naresh Kumar Coal Whole Sales (P) Ltd. who had supplied these coal to the dumper through various chalans the details of which are indicated in the F. I. R. itself. It was further submitted that if the coal which is received out of Central Government quota and a part of it is supplied to some Private Company, that transaction does not change the character of the coal and it continues to remain a part of the Central Government quota and, therefore, Bihar Coal Control Order is not applicable. 5. Bihar Coal Control Order has defined coal in Sec.2 (a) which says coal means coal received in the State of Bihar otherwise than against the Central Government quota and includes coke". 6. In the F. I. R. itself it is submitted on the information supplied by the driver and the khalasi that the coal was supplied to M/s. Naresh Kumar Whole Sale (P) Ltd. and from him the coal was lifted in the dumper. 7. A supplementary affidavit has been filed in which, in Paragraph 2, it has been stated that Jamadeba Washery of M/s. Tisco. Ltd. received coal in the Central Government quota which is also supported by a certificate given by Steel Authority of India which is Annexure 2 to the main writ application. This shows that coal required for the washery purposes are received from the Central Government quota. In this connection it was also pointed out with reference to Annexure 9 that this Jamadeba Washery had received coal from the Central Government quota in the year, 1980 also and the same position is prevailing still now. Therefore, from the aforesaid facts it can be reasonably concluded that Jamadeba Coal Washery had received coal from the Central Government quota and out of that some part of it was supplied to one Naresh Kumar Whole Sales (P) Ltd. form which the coal was loaded in the dumper under chalans, the deals of which as I have mentioned earlier, have been mentioned in the F. I. R. itself which was detected near Shayama Industry on the date of occurrence. 8. The Coal which are received out of Central Government quota in the washery are not coal within the meaning of Bihar Coal Control Order and are beyond the purview of any of its clauses. Similar view was expressed by a Bench of this Court in Cr. W. J. C. No. 621 of 1980. 8. The Coal which are received out of Central Government quota in the washery are not coal within the meaning of Bihar Coal Control Order and are beyond the purview of any of its clauses. Similar view was expressed by a Bench of this Court in Cr. W. J. C. No. 621 of 1980. In that case it was held that: In our opinion all such coal which was part of the Central Government quota does not cease to be part of Central Government quota. In such circumstances, the Control Order has no application. Consequently, no restriction can be put up with regard to that coal under the Control Order. The definition of coal quoted above also indicate some connotation as held by the Division Bench. 9 In another case i.e., Cr. W. J. C. No. 141/82 Hon ble Mr. Justice S. N. Jha, seized with such situation, expressed similar view and quashed the proceeding. 10. In this case charge-sheet which was submitted is only under Section 7 of the Essential Commodities Act. Therefore, when the Bihar Coal Control Order in respect of such nature of coal is not applicable, the provisions of that order is not applicable and, therefore, the submission of charge-sheet under section of the E. C. Act for the trial of the petitioner for that offence will be nothing but a futile attempt and amounts to abuse of the process of the Court. This means that the institution of the Criminal Case as well as the submission of the charge-sheet, both are bad in law. 11. In the result, this application is allowed. The Criminal prosecution of the petitioner as well as the submission of the charge-sheet, both are quashed.