RAMESH GANDHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By filing this application, the petitioner has prayed for quashing of the order dated 18-01-1999, taking cognizance of the offences under Sections 420/468/ 379/120 - B of the Indian Penal Code and Section 7 of the Essential Commodities Act and the entire criminal proceeding against him.

(2.) The facts in brief are that the First Information Report being Govindpur P. S. Case No. 305 of 1993 was registered under Sections 420/468/471/379/120-B of the Indian Penal Code on the basis of written report submitted by the Inspector (Food), C.I.D., Dhanbad, against the accused persons named in the F.I.R. including the petitioner. The gist of the allegations made in the F.I.R. Is that on the basis of the complaint by one Mr. M. P. Narang of M/s. Narang Hard Coke Manufacturing, Barwa Adda, his Hard Coke Factory premises was inspected on 13-06-1993; 14-06-1993; 16-06-1993 and 16-08-1993. During inquiry, it was found that the accused, R. K. Jain was illegally using the factory premises for the purpose of smuggling and black marketing of coal in connivance and in conspiracy with other accused named in the F.I.R. including the petitioner, Ramesh Gandhi. So far as allegation against the petitioner is concerned, in the F.I.R., it is alleged that Ramesh Gandhi (petitioner) of M/ s. Shiva Coal Traders sold about 260 M. T. of coal to the accused, R. K. Jain in the year 1992-93. The petitioner is said to have lifted the coal from V. I. P. quota and thereafter instead of transporting the said coal to its destination, he used to smuggle the said coal in conspiracy with accused, R. K. Jain and thereby helped the accused, R. K. Jain in smuggling and black marketing of the coal.

(3.) The police after completion of investigation submitted charge-sheet against the petitioner and other accused persons. The learned Spl. Judge (E.G. Act.), Dhanbad after perusing the case diary, as well as charge-sheet submitted by the police, took cognizance of the offences under Sections 420/468/379 and 120-B of the Indian Penal Code as well as under Section 7 of the Essential Commodities Act and issued summons for their appearance by the impugned order.