SURENDRA KUMAR AGARWALLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State, The petitioner has filed this application for setting-aside the orde- date 30.9.2002 passed by Sri D.K. Mishra, learned Judicial Magistrate, 1st Class Dhanbad, in G.R. Case No. 1261 of 2001 whereby, the application filed by on behalf of the petitioner for discharge was dismissed by the learned Court below.

(2.) Petitioner has been made accused in Dhanbad (Seraidhella) P.S. Case No. 180 of 2001, corresponding to G.R. No. 1261 of 2001 on the allegation that about 100 tons of coal were recovered from the factory premises of the-petitioner about which no document was produced by the petitioner.

(3.) It appears that the petitioner was arrested in the evening of 30.3.2001 and-the documents with respect to the coal were produced in the Court below in the-: morning of 31.3.2001. It also appears from the impugned order that the defence of the petitioner was that the petitioner had produced the document? of the coal before the police, but the police refused to accept them and the petitioner was arrested. The documents relating to the coal submitted in the Court of C.J.M. Dhanbad on 31.3.2001 at 10.00 A.M., were sent for verification before the police and the police after verification found the documents to be genuine. However, the charge-sheet was filed against the petitioner for the offence under Section 414 of: the IPC, for which cognizance was also taken against the petitioner.