H.C.MISHRA,J. - (1.) HEARD learned counsel for the petitioners and learned counsel for the State.
(2.) THE petitioners are aggrieved by order dated 11.11.2003 passed by the learned Chief Judicial Magistrate, Gumla, in G.R. No. 586 of 1999, arising out of Bishunpur P.S. Case No. 31 of 1999, whereby the application filed by the petitioners u/s 239 of the Cr.P.C., for discharge, has been rejected by the Court below. The petitioners have been made accused in Bishunpur P.S. Case No. 31 of 1999, corresponding to G.R. No. 586 of 1999 for the offences u/ss. 409 and 120 -B of the Indian Penal Code on the written application filed by the Assistant Mining Officer, Gumla, wherein it is alleged that the petitioner No. 1, Tara Chand Sachdeva, is the Managing Director of M/s. Rajhans Refractories (P) Ltd. and the other petitioners are the Directors therein. Said Rajhans Refractories (P) Ltd. was granted mining lease over an area of 159.67 acres in Amtipani, for mining of Bauxite, with the condition that they would furnish correct statistics regarding the mining of the Bauxite done by them on the lease hold area and they would pay proper tax (royalty) to the State Government. It is further alleged that M/s. Rajhans Refractories (P) Ltd., appointed M/s. Allied Minerals Company, Dhanbad, as their Marketing Agent and through them they used to sell the Bauxite to M/s. Hindalco Industries Limited, Lohardagga. It appears from the F.I.R., that the partners in M/s. Allied Minerals Company are the petitioners Nos. 2 to 4 themselves. It is further alleged that during the period 1994 -1995, 1997 -1998 and 1998 -1999, as per the return furnished by M/s. Rajhans Refractories (P) Ltd., the mining of the Bauxite was done to the tune of 31,708.945 MT, whereas during the same period the books of M/s. Hindalco Industries Limited, Lohardagga, showed the purchase of 60,324.19 MT of Bauxite through M/s. Allied Minerals Company. As such the sale of 28,615.245 MT of Bauxite valued at Rs.34,32,530/ -on which the tax (royalty) of Rs.10,82,841.40/ -was payable, was concealed from the State Government. Out of the said amount, Rs.4,40,000/ -of the accused persons was lying with M/s. Hindalco Industries Limited, which had been realized. It further appears from the F.I.R., that there is allegation that the petitioners had concealed the Government property and tax worth Rs.45,15,371.40/ -and accordingly, the F.I.R. was lodged for the offences u/ss. 409 and 120 -B of the Indian Penal Code against the petitioners.
(3.) IT appears that upon investigation, the police submitted the charge -sheet against the petitioners and cognizance was also taken against them. Subsequently, the petitioners filed the application for discharge, which was rejected by the Court below by the impugned order dated 11.11.2003 as aforementioned.;