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2009 DIGILAW 506 (JHR)

Rajesh Kumar Chourasia v. State of Jharkhand

2009-04-06

N.N.TIWARI

body2009
JUDGMENT : In this petition, the petitioners have challenged the order dated 12th September, 2003 passed by learned Chief Judicial Magistrate, Dhanbad in Katras (Rajganj) P.S. Case No.0032 of 2002, corresponding to G.R. No.377 of 2002, whereby cognizance of the offences under Sections 406, 420, 467, 468, 471, 120B and 414 of the Indian Penal Code has been taken against several persons including the petitioners. 2. Prosecution case, in brief, is that while on patrolling duty on the G.T. Road, A.S.I.-R. N. Thakur of Rajganj Outpost got a wireless message from the Officer-in-charge of Rajganj Outpost regarding movement of three trucks loaded with coal from Mahabir Fuels Pvt. Ltd. on the way to Delhi. The vehicles were chased and stopped. On checking of three loaded trucks, it was found that the coal was being transported to Ganesh Bhandar and Diamond Chemicals of Kaushalpur, Uttar Pradesh (the petitioners are partners of Ganesh Bhandar and Diamond Chemicals of Kaushalpur, Uttar Pradesh). On verification, it was found that the quality of coal was mentioned as “Unusable”. On enquiry, satisfactory papers were not produced by Munshies of the firms. The drivers of the two trucks were there, but they also failed to produce the satisfactory papers. One of the drivers had rushed away. 3. The police after investigation submitted charge sheet against the petitioners and others under the Sections 406, 420, 467, 468, 471, 120B and 414 of the Indian Penal Code and on that basis, learned Chief judicial Magistrate took cognizance by the impugned order. 4. It has been submitted on behalf of the petitioners that the prosecution against them is wholly frivolous and malicious and abuse of process of the Court. Petitioner nos.1 and 2 are the partners of M/s. Diamond Chemicals and Petitioner nos.3 and 4 are the partners of Sri Ganesh Bhandar. Coal was not released in their favour. Coal was released under the linkage scheme in favour of M/s. Mahabir Fuels Pvt. Ltd. The incriminating articles were also not delivered to the petitioners. No offences as such under the said sections are made out against the petitioners. There is no allegation of forging any paper by them or breach of trust or misappropriation or cheating etc. and as such the order taking cognizance against the petitioners is liable to be quashed. 5. No offences as such under the said sections are made out against the petitioners. There is no allegation of forging any paper by them or breach of trust or misappropriation or cheating etc. and as such the order taking cognizance against the petitioners is liable to be quashed. 5. In I.A. No.746 of 2009, it has been stated that Pawan Kumar Laharuka @ P. K. Lahruka and Hemraj Jindal, who are Directors of M/s. Mahabir Fuel Pvt. Ltd., against whom the cognizance of the said offences was also taken, had filed Cr.M.P. No.15 of 2004, assailing the order taking cognizance. This Court by order dated 4th August, 2008 has allowed the said Cr.M.P. and quashed the criminal proceeding against the said petitioners. On the said basis, the prosecution against Raj Kumar Singh and Charanjeet Singh, who happened to be Munshi and Transporter, has been quashed by this Court by order dated 28th January, 2009 passed in Cr.M.P. No.842 of 2007 (Annexure-6 to the interlocutory application). 6. By the said order of this Court passed in Cr.M.P. Nos.15 of 2004 and 842 of 2007 order taking cognizance of the said offence as against all the persons, who were concerned with M/s. Mahabir Fuel Pvt. Ltd., and against whom there was allegation of illegally disposing of coal. It has been additionally submitted on behalf of the petitioners that there is no ground to proceed against the petitioners in view of the quashing of criminal prosecution against the persons and the officials of Mahabir Fuel Pvt. Ltd. 7. Learned A.P.P. has not disputed the said factual contentions and the orders passed by this Court, as contained in Annexures-5 and 6 to the interlocutory application. 8. Having heard learned counsel for the parties and perused the orders passed in Cr.M.P. Nos.15 of 2004 and 842 of 2007 (Annexures-5 and 6), I find no sufficient ground for sustaining the impugned order taking cognizance of the said offences and for continuation of criminal proceeding against them. 9. On perusal of the order passed in Cr.M.P. No.15 of 2004 (Pawan Kumar Laharuka @ P. K. Lahruka & Anr. Vs. The State of Jhakhand), I find that the conclusion of this Court is based on the consideration of the facts and materials on record. It has been held that none of the offences is attracted against the petitioners. 9. On perusal of the order passed in Cr.M.P. No.15 of 2004 (Pawan Kumar Laharuka @ P. K. Lahruka & Anr. Vs. The State of Jhakhand), I find that the conclusion of this Court is based on the consideration of the facts and materials on record. It has been held that none of the offences is attracted against the petitioners. It was also found that there is no provision in law to prevent from disposing the unusable/surplus coal from 10% of total supply of coal. Admittedly, M/s. Mahabir Fuel Pvt. Ltd. was the linkage holder from the Bharat Coking Coal Ltd. If there is no legal impediment in allowing M/s. Mahabir Fuel Pvt. Ltd. to sell as found by this Court, in the said order, there cannot be any impediment for purchasers to purchase under valid documents. Moreover, on going through the allegations against the petitioners, I find no offence made out against the petitioners, who happened to be the partners of M/s. Diamond Chemicals and Sri Ganesh Bhandar. 10. There is no sufficient ground on the basis of which the impugned order taking cognizance of the said offences can be sustained. The order taking cognizance against the petitioners as also the criminal proceeding against them are quashed. 11. This petition is allowed. 12. I.A. No.746 of 2009 is disposed of accordingly.