R.R. Prasad, J. - (1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.
(2.) Mr. Shailesh learned counsel appearing for the petitioner submits that it is a case of the prosecution that when the informant alongwith police party laid a raid in the business premises of the petitioner in the wee hour on 28.7.2009, they found 200 Metric Tonnes Australian coal stored over there. It was suspected to have been brought by 5 persons after stealing it from the Bokaro Steel Limited, but during investigation the allegation that those 5 persons had brought it from the B.S.L. after stealing it never got substantiated. Even the authority of the B.S.L.during investigation made it known to the I.O. that the coal never belongs to them. In spite of that charge-sheet was submitted for commission of the offence under Sections 414/201/120(B) by this petitioner and upon which cognizance of the offences was taken vide order dated 30.6.2011 passed in Balidih P.S. Case No. 79 of 2009 which is under challenge.
(3.) It was submitted on behalf of the petitioner that I.O. has failed to collect any legal evidence showing commission of the offence either under Section 414 or under Section 201/120(B) of the Indian Penal Code and therefore the Court has committed illegality in taking cognizance of the offence and hence order taking cognizance is fit to be set aside.;