JAYESH V.PARAB Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BOTH the petitions involve common facts and question of law, thus they are being disposed of by this common order.

(2.) THE petitioners seek a writ to quash the FIR No. 179/2012 registered in Civil Lines Police Station, Raipur, Chhattisgarh, and the consequent investigation by the Special Investigation Cell, Raipur, in respect of the petitioners and also a direction restraining the respondents State from interfering with the personal liberty of the petitioners.

(3.) SHRI Choudhary, learned senior counsel, appearing for the petitioners submits that the petitioner in W.P.(Cr.) No.54 of 2013 (hereinafter referred as "the first petitioner") is a Mechanical Engineer working as a Consultant in self employment. The petitioner in W.P.(Cr.) No.55 of 2013 (hereinafter referred as "the second petitioner") was Executive Officer of HSL. The Coastal Mines & Minerals (for short "CMM"), a registered partnership firm, entered into a contract, bearing No. CMM/HG/002/2011-2012, with HSL for sale and purchase of Iron Ore, on 07.05.2011. The petitioners were neither a party nor a witness to the said contract. In pursuance of the contract, CMM loaded Cargo (containing iron ore fines)on MV Everbright Vessel at Goa. At the time of loading of Cargo, the HSL was being updated by the Intertec India Pvt. Ltd. (for short "IIPL") about sampling and testing of the grade of the Cargo. It was informed by IIPL to HSL that the Cargo was of low grade quality.