HENA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Ajay Kumar Thakur, learned Counsel for the petitioners and Sri A.M.P. Mehta, learned Counsel appearing on behalf of the State.

(2.) Both petitioners, who are Directors of Zinkenite Coal and Gas India Ltd., Patna (hereinafter referred to as the Company), have approached this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 14.2.2003 passed by Sri Arun Kumar Srivastava, Judicial Magistrate, Ist Class, Patna in S.K. Puri P.S. Case No. 31 of 2000. By the said order, the learned Magistrate had rejected the petition, which was filed for their discharge under Section 239 of the Code of Criminal Procedure, 1973.

(3.) Learned Counsel for the petitioners, while challenging the impugned order, submits that in the case, firstly F.I.R. was lodged against the Company. However, after completion of investigation, the police submitted charge sheet against all the Directors of the Company. He submits that it has not been alleged as to whether these petitioners were executing the function of Company or not and in absence of such material, the police had committed error in submitting charge sheet against these petitioners. He further submits that without charge sheeting the Company, the Directors of the Company cannot be prosecuted.