- (1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the C.B.I. This application is directed against the order dated 28.5.2012 whereby learned Judicial Magistrate, C.B.I. Dhanbad has framed charge against the petitioners under Section 120(B) read with Sections 420, 468, 471 of the Indian Penal Code.
(2.) Learned counsel appearing for the petitioners submits that it is the case of the prosecution that Directorate General Resettlement, Government of India had entered into an agreement with the coal company, M/s. B.C.C.L. whereby it was agreed that only those companies run by the ex-servicemen should be deployed for loading and transporting coal who would be employing ex-servicemen and civilian in the ratio of 75%: 25% and that they would not be using pay-loaders and trippers. Accordingly, M/s. Sidhi Coal Carriers Pvt. Ltd. was awarded work for carrying coal from the stockyard to Railway Siding but it never deployed ex-servicemen in the ratio agreed upon, rather used pay-loaders and trippers for carrying coal which was against the terms and conditions. Further it has been alleged that the company showed the names of ex-servicemen in the biennial report but in fact, they had not employed them. Thereby these petitioners, who happen to be the Directors of M/s. Sidhi Coal Carriers Pvt. Ltd. have been alleged to have gone in conspiracy with employees of coal company along with other accused persons and committed act of forgery for cheating. On such allegation case was registered.
(3.) On investigation, charge sheet was submitted, upon which cognizance of the offences punishable under Sections 120(B) read with Sections 420, 468 and 471 of the Indian Penal Code was taken against the petitioners and others. Subsequently, charges were framed vide order dated 28.5.2012 which is under challenge.;