SARDAR JOGINDER SINGH BHASIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal writ application has been filed for quashing the F. 1. R. (Annexure 1) arising out of Dhanbad P. S. Case No 688/82 under Section 7 of the Essential Commodities Act and Section 414 of the I. P.C. then pending in the court of the Chief Judicial Magistrate, Dhanbad now pending in the court of the Specials Judge, (E. C. Act), Dhanbad.

(2.) It appears that this application was admitted by a Division Bench of of this Court on 14-3-1983 and further proceedings of this case in the court of the Chief Judicial Magistrate was stayed but not the investigation. It appears that during the pendency of this writ application charge-sheet was received in the court of the Special Judge, Dhanbad and the case is now pending there.

(3.) Shortly stated, the facts of the case are that one dumper bearing No. BHW 8729 was detected carrying coal near the gate of M/s. Shayama Industry, Dhanbad which was seized on 20/21-11-1982 by the police officer and the dumper was found loaded with coal supplied from Jamadeba Coal Washery of Tata Iron and Steel Company to M/s. Naresh Kumar Whole Sales (P) Ltd. On examination certain papers were produced which bore the Coal of Kapuria Depot and in these circumstances it was suspected that the coal was stolen property. Thereafter, F. I. R. was lodged on 21-11-1982.