SHIV SHAMBHU HARD COKE THROUGH ITS OWNERS, NAMELYSHRI SHAMBHU NATH AGARWAL AND ANR. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS is an application under Section 482, Cr PC to quash the entire criminal proceeding initiated against these petitioners in Jharia (Tisra) PS Case No. 321 of 2002 under Sections 467, 468, 471, 49, 420 and 120B of the Indian Penal Code pending in the Court of learned CJM, Dhanbad.

(2.) THE prosecution case is based on the written information given by SI Jitendra Kr. Singh, OP Incharge, Dhanuadih PS. Tisra. District Dhanbad alleging that on 7.10.2002, on secret information regarding loading of steam coal in connivance of the management of Ghanodih colliery, DO holders and owners of the Bhatta and transports loaded steam coal on truck No. BER -7536 against the sale order/DO from the new loading point, Ghanodih colliery.

(3.) THE driver of the truck No. BER -7536 loaded with coal was Hamid Ansari and these petitioners are the owners of the truck. The allegation is that in collusion with owners, truck driver and Bhatta owners, the offence is being committed in lifting steam coal causing loss to the BCCL.