AJAY KUMAR KEJRIWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All the three writ applications were heard together and are being disposed of by this common order as all the three cases arise out of the same case.

(2.) All the three cases have been filed on behalf of the petitioners for quashing the first information report of Giridih (Muffasil) P.S. Case No. 65 of 2009 (G.R. No. 445 of 2009) instituted under Sections 406, 420, 467, 468, 471 of the Indian Penal Code and also under Section 56 of the Jharkhand Mineral and Mines Samudan Niyamawali, 2004.

(3.) The facts, leading to filing of all the three cases are that a team consisting of four persons including Assistant Mining Officer, Giridih (informant) inspected Hard-coke factory a unit of M/s Swati Sponge & Iron (P) Ltd., Mohanpur, Giridih on 16.1.2009. During inspection 4585.13 matric tonnes of coal were shown to have been consumed from 15.4.2008 to 15.1.2009 whereas, as per the production schedule of the Company, total consumption of coal would have been 6480 metric tonnes. On this assumption an opinion was formed that entry mode in the books of account of total consumption of coal is less by 1894.87 metric tonnes and thereby royalty payable on the said quantity of coal to the extent of Rs. 4,73,718/- was not paid by the Company.