HULASH VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioners. The petitioners have challenged the order dated 14.2.2011 passed by the learned Judicial Magistrate, Bermo at Tenughat, in T.R. Case No. 202 of 2011 arising out of Chandrapura P.S. Case No. 22 of 2010 corresponding to G.R. Case No. 265 of 2010, whereby, the application filed by the petitioners under Section 239 of the Cr.P.C. was rejected by the Court below, finding that there was sufficient material against the petitioners for framing charge for the offence under Sections 414, 34 of the I.P.C. and accordingly, the petitioners were directed to appear for framing of charge.

(2.) It appears that one truck bearing registration No. JH-09G-5063 was apprehended, loaded with coal and the case was instituted for the offence under Sections 379, 411/34 of the I.P.C. The petitioners being the owner and the driver of the truck, were made accused in this case. It further appears that after investigation, the police had submitted charge-sheet under Sections 411/34 of the I.P.C. and on the basis of the same, the cognizance was taken against the petitioners. The petitioners, subsequently, filed an application for discharge which was rejected by the Court below by the impugned order dated 14.2.2011, finding that there are sufficient materials in the case diary for framing of charge against the petitioners.

(3.) Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case and during investigation, the police had found the entries with respect to the truck in C.I.S.F. Post to show that the coal was loaded on the truck at Dughda and was being transported to Sitamari, Bihar under Challan No. 7. This fact is mentioned in paragraph 51 of the police paper supplied by the petitioners. Subsequently, in paragraphs 54, 55, 56 and 57 of the case diary, it finds mentioned that the truck was loaded with validly purchased of 29.850 metric tones of coal, purchased for a consideration amount of Rs. 70,983/- and the truck was dispatched with the necessary challan and permit. In the police paper, there is mention about the challan, sales tax invoice and permits etc.