- (1.) HEARD counsel for the parties. It was alleged that 5000 tonnes of steam coal was found stored in the factory premises of M/s. Balaji Minerals and Coke. The petitioner, one of the owner of the said factory and the accused, submitted an application for release of coal before the trial court which was rejected by the trial court and petitioner submitted one writ petition being W.P (Cr.) No.309/2011 for the same prayer which too was dismissed by this Court. The petitioner also submitted one criminal miscellaneous petition being Cr.M.P No.389/2012 for quashing the F.I.R which was dismissed by this Court.
(2.) NOW the petitioner has filed this revision for quashing of the order of the trial court dated 31.5.2011 rejecting his prayer for release of some coal and submitted that after all above orders, the competent Authority in order dated 14.5.2012 dropped the confiscation proceedings. G.R Case No.3767/2010 was registered because of the allegation that the aforesaid coal was stored illegally and the accused committed offence punishable under section 414/120B I.P.C read with section 30(II) of the Coal Mines Act and section 33 of the Indian Forest Act, 1927. Learned Judicial Magistrate was of the view that once the petitioner's application for release of coal had been rejected by the High Court, he cannot release the coal.
(3.) NOW in this revision petition, learned counsel for the petitioner drew my attention to the order dated 14th May, 2012, by which confiscation proceeding has been dropped and it has been held that the coal cannot be confiscated for the detailed reasons mentioned in the order. However, it is not in dispute that the criminal case registered against the petitioner under section 414/120B I.P.C is pending before the Judicial Magistrate.;