RAKESH SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The five petitioners herein seek quashment of FIR No. 125/2020 registered against them at Police Station Basantpur, Distt. Balrampur and the criminal case No. 245/2020 pending before the Judicial Magistrate First Class, Wadrafnagar, Distt. Balrampur for offence punishable under Sections 420, 120B read with Section 34 of IPC and Section 21 of Mines and Minerals (Development and Regulation) Act, 1957, on the following factual backdrop :-

(2.) Mr. Awadh Tripathi, learned counsel for the petitioners, would submit that petitioner No. 1 had legally purchased coal from SECL through Spot-e-Auction and on 09/07/2020, he had also obtained Delivery Order No. 072020/5601/02383 from SECL for transporting the coal to Bilha, Hardi and Dhanwar and the same was also duly informed by the SECL to the S.H.O. vide the document filed at page 77 of the writ petition which is also a part of the charge-sheet, as such, no offence under Section 420 and 420-B of IPC is made out against the petitioners. He would further submit that no cognizance can be taken against the petitioners for offence punishable under Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 on the basis of the police report as in view of the provisions contained under Section 22 of the Act of 1957, only the Magistrate having jurisdiction is empowered to take cognizance of the said offence in respect of violation of various provisions of the Act of 1957 and the Rules made thereunder. He would rely upon the decision rendered by the Supreme Court in the matter of Jayant v. The State of Madhya Pradesh, 2021 AIR(SC) 496 and submit that the FIR registered against the petitioners as well as the subsequent criminal case pending against them deserves to be quashed.

(3.) Mr. Ravi Bhagat, learned State counsel, would submit that it is not a case of quashing the charges and charge-sheet as prima facie on behalf of petitioner No. 1, petitioners No. 2 to 5 were trying to take coal in the trucks owned by petitioner No. 1 to Chandasi Mandi, Uttar Pradesh for illegal purpose whereas the coal ought to have been used in the State of Chhattisgarh as per the Delivery Order dated 09/07/2020 issued by SECL, as such, the instant petition deserves to be dismissed.