- (1.) Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is aggrieved by the order dated 15.4.2013 passed by Sri Anand Mani Tripathi, learned Judicial Magistrate, 1st Class, Dhanbad, in G.R. No. 1992 of 2011, whereby the application filed by the petitioner for release of coal, seized in connection with this case from the refractory premises of the petitioner, has been rejected by the Court below, stating that earlier an application for release of coal was rejected on 26.11.2011.
(2.) It is apparent from the impugned order itself that the earlier application for release of coal filed by the petitioner was rejected in view of the fact that the case was in investigation itself. After completion of the investigation, the petitioner has again filed the application for release of the coal seized from the premises.
(3.) It may be stated that the petitioner has been made accused in Chirkunda (Galfarbari) P.S. Case No. 116 of 2011 corresponding to G.R. No. 1992 of 2011 for the offences under Sections 414/34 of the Indian Penal Code, as 6970 kgs. of coal was recovered from the refractory of the petitioner on the allegation that the same was stolen property. It appears from the impugned order that the petitioner subsequently filed the documents relating to the coal, which were sent for police verification and upon police verification, they were found to be valid and genuine. However, the application filed by the petitioner for release of coal in question was rejected on the ground that the investigation was still going on. After completion of the investigation, the petitioner again filed the application for release of coal, which was again rejected by the Court below. It appears that trial is going on in the case and the petitioner is facing trial.;