VIVEK KATHAL Vs. DELHI SPECIAL POLICE ESTABLISHMENT CBI

JUDGEMENT

(1.) THIS common order shall dispose of M. Cr. C. No. 464/2003, filed on behalf of Vivek Kathal, Bhagat Ram Agrawal, Subhash Chand Bansal and basant Kumar Jain, M. Cr. C. No. 1438/2003, filed on behalf of Pradeep Kumar mittal and Manish Kumar Jain, so also M. Cr. C. No. 2010/2003, filed on behalf of Umesh Bahadur Singh, against the common respondent, seeking the relief of quashment of order of taking cognizance of offences against them, in criminal Case No. 2/2001, pending in the Court of Special Magistrate (CBI), Jabalpur, and the entire proceedings of aforesaid criminal case, which pertains to offences punishable under Section 420, 468, 471 of the IPC in exercise of inherent powers.

(2.) THIS is not being disputed that during the year 1999, Vivek kathal was functioning as Partner of Anjum Fuels, Bhagatram Agrawal was functioning as Managing Partner of Ma Sharda Coal Manufacturing Co. Pvt. Ltd. , Umesh Bahadur Singh was functioning as Proprietor of M/s. Gaurav fuels, Subhash Bansal was functioning as Director of M/s. Vandana Fuels Pvt. Ltd. , Pradeep Kumar Mittal was functioning as Partner of M/s. Sanjay Fuels, manish Kumar Jain was functioning as Proprietor of M/s. Appollo Coal briquetter and Basant Kumar Jain was functioning as Managing Director of m/s. Pawan Wires Pvt. Ltd. All these Units were registered with District industries Centre, Panna, and were having coal linkages from Coal India Ltd. Ma Sharda Coal Manufacturing Company Pvt. Ltd. , so also M/s. Pawan Wires pvt. Ltd. , were registered for manufacturing Special Smokeless Fuel (S. S. F,)and rest of the Units were registered for manufacturing Coal Briquettes.

(3.) ACCORDING to the prosecution, during the year 1999, the above 7 units lifted the coal from South Eastern Coalfields Ltd. , (SECL), as per recommendations of D. I. C. Panna, and linkage of Coal India Ltd. , but did not use the coal so received for manufacturing of briquettes and SSF but sold it in black market and accordingly made bogus entries in their books for showing the utilisation of the coal received, for production of coal briquettes and SSF bogus entries were in books of these Units, made for showing manufacture and sale of S. S. F. so also coal briquettes and thus petitioners are alleged to have cheated both the Coal India Ltd. , and D. I. C. The photocopy of charge sheet is marked Annexure I, in M. Cr. C. No. 464/2003.