- (1.) HEARD the counsel for the petitioner and the counsel for the State.
(2.) THE petitioner has filed the instant Cr.M.P. application for quashing the order dated 19.10.2011 passed by the Court of Sessions Judge, Giridih, in Criminal Revision No.19 of 2011. The Sessions Judge, Giridih has dismissed the Revision application which was filed against the order dated 15.3.2011 passed by the Chief Judicial Magistrate, Giridih in Bagodar P.S. Case No. 24 of 2011 rejecting the petitioner's prayer for release of his coal in question and further to release the coal in question. The counsel for the petitioner has submitted that the trial court has rejected his prayer for release of the coal only on the ground that the accused has not appeared in that case till date and the case is in the initial stage of investigation. Thereafter, the petitioner filed the aforesaid criminal revision being Cr. Rev. No.19 of 2011 but when the said revision was called for hearing the matter, the counsel for the petitioner could not appear for some personal reasons and ultimately the said revision has been dismissed for non-prosecution observing that the petitioner lost the interest in this revision. It is further contended that the A.S.I., Bagodar submitted his report before the C.J.M., Giridih on 4.3.2012 in connection with the present case wherein he has submitted that the seized coal was found genuine and according to the Stock Register of the Cooperative Society, Branch Office at Mandu, the petitioner has purchased the said coal for a sum of Rs.27,500/- from the said Society and to support his contention, the counsel for the petitioner has annexed the report of the said A.S.I. as Annexure -6 in his supplementary affidavit filed in this application.
(3.) IT is also contended that for the said report of the A.S.I., the truck which has been seized in this case has already been released by another Bench of this Court in Cr.M.P. No.1511 of 2011 vide order dated 12.12.2011. Counsel appearing for the State Mr. Sinha has not disputed the contentions made by the counsel appearing for the petitioner.;