RAJESH KUMAR AGRAWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

(2.) This petition has been filed for quashing of the entire criminal proceeding arising out of Chandil P.S.Case No.50/14 corresponding to G.R. No.345/2014 by which F.I.R. has been lodged under Sec. 414/34 IPC and Sec. 30(2) of the Coal Mines Act. The further prayer is made for quashing of the part of the charge sheet dtd. 28/6/2014 by which decision has been taken to continue the investigation against the petitioner who is owner of the Truck No.JH05K- 7181 and the aforesaid case is pending in the court of learned Chief Judicial Magistrate, at Saraikella Kharsawan.

(3.) The case was lodged stating that the police has presently got information during their regular inspection visit that Truck No.JH05K- 7181 loaded with coal dust was coming from Chawka to Jamshedpur and said information was received on 8.30 p.m. Thereafter, the entire police force intercepted the said truck at around 9.30 p.m. and upon interception, the driver of the truck has enhanced the speed of the truck but the aforesaid truck was chased by patrolling party and finally the truck was stopped. The driver has somehow managed to run away taking the benefits of darkness. In the truck, it was found that the coal dust was loaded for which a seizure list as prepared and the present case was lodged.