SURESH KUMAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for the quashment of the order impugned dated 12.08.2010 passed by the C.J.M., Hazaribagh in G.R. No. 2315 of 2010, arising out of Giddi P.S. Case No. 82 of 2010 for the alleged offence under Sections 414/120B/34 of the Indian Penal Code, 33 of the Indian Forest Act, Section 13(ii) of the Coal Mines Act and Section 4(1), 4(1A) of the M.M.R.D. Act against the Petitioners.

(2.) Learned Counsel Mr. Sahani Submitted that by the impugned order, learned C.J.M. had directed for the release of all the seven trucks viz. registration No. JH02K-9574, No. JH02K-5872, No. JH02M-9822, No. JH02K9774, No. JHO2L-1527, No. JH02J-6112 and No. JH02M-7208 to the respective owners/Petitioners herein on furnishing indemnity bond of Rs. 7,000/- (Seven thousand) with one surety of like amount each to his satisfaction.

(3.) The prosecution story in short was that all the above trucks were intercepted by the police, which was found engaged in loading coal illegally and at the sight of the police party, the miscreants started fleeing away but on chase one Prem Nath Mahto was apprehended, who disclosed the complicity of the accused persons. The trucks aforesaid and the coal were seized from different places. It was alleged that about 15 bags of coal were found loaded on the truck vide registration No. JH02L1527 and other six trucks were empty. On pointing out by the co-accused Prem Nath Mahto six tones of coal were seized from near by his house.