- (1.) The petitioner in this writ petition has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for quashing the entire criminal proceedings including the First Information Report (FIR) in connection with Mandu (West Bokaro) P.S. Case No. 200 of 2015 instituted under section 379/411 of the Indian Penal Code pending in the court of Smt Kamala Kumari, learned Judicial Magistrate, 1st Class, Hazaribagh.
(2.) The fact of the case, in brief, is that petitioner has been made an accused in connection with the aforesaid case instituted on 9.5.2015 at the instance of Sub Inspector of Police under sections 379/411 of the Indian Penal Code on the allegation that on 9.5.2015, after getting a confidential information that the petitioner by way of illegal mining is stocking fresh coal and clubbing the same with old stock of 1419.31 M.T. of coal already released by the High Court in connection with Mandu West Bokaro PS Case No. 287 of 2010 and after confirmation by the SDPO, Ramgarh and by Arjun Mahato Ward Member of village Laicho, he conducted raid in the premises of M/s Balaji Minerals & Coke Private Limited of petitioner and found new stock of coal staked over the old stock, whereafter entire stock of coal was measured by one surveyor namely Rajiv Ranjan and found that in the premises, total of 1557.49 M.T. of coal was present and that almost 1200 M.T. of coal was found to be added in the old stock, and on demand of papers relating to sale and purchase of new coal from the security guard of the factory, he failed to produce the relevant papers. Thereafter, the entire coal was seized in presence of two witnesses.
(3.) Learned Counsel, Mr. Roy appearing on behalf of the petitioner, submitted that the entire criminal prosecution against the petitioner is illegal and mala fide as earlier also, several cases against this petitioner were instituted showing illegal stock of coal and seizure of coal. It was also submitted that after institution of Mandu West Bokaro PS Case No. 287 of 2010 in which almost 500 M.T. of coal was seized from the same premises, a petition was filed in the court concerned for release of the said coal, but on refusal by the said court, the petitioner preferred Criminal Revision No. 429 of 2012 before this Court and the said coal was released by order dated 28.8.2012 of this Court. It was also submitted that though the aforesaid case was lodged showing seizure of 500 M.T. coal only, but subsequently on measurement, the same was found to be 2393.29 M.T. Thereafter, another case was lodged against the petitioner showing seizure of new stock to the tune of 3812.12 M.T. after which Cr. M. P. bearing No. 1553 of 2013 was filed in this Court and again coal was directed to be released in favour of the petitioner, but even after the direction of this Court, the petitioner could not lift the entire coal stock at a time rather, he was lifting coal as per requirement from the said stock from time to time, but again considering the old stock as fresh coal stock, the present case has been filed. It was also submitted that there is no theft report and in absence of any such report, no criminal case under section 379 /411 IPC can be made out against the petitioner and the present case is nothing but the outcome of animosity of the police authorities whose intention is only to harass the petitioner. Hence, the criminal proceeding cannot sustain in the eye of law.;