LAWS(JHAR)-2014-1-18

AMBRISH @ AMRISH MAHTO Vs. STATE OF JHARKHAND

Decided On January 16, 2014
Ambrish @ Amrish Mahto Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) AS prayed for, list this case on 22.01.2014. Till then, interim order passed on 11.12.2013 shall continue. Having heard learned counsel appearing for the petitioner and learned counsel appearing for the State and on perusal of record, I do not find any illegality with the order dated 08.07.2010 passed in Piparwar P.S. Case No.58 of 2009 [G.R. No.1011 of 2009] under which cognizance of the offence has been taken under Section 414 of the Indian Penal Code against the petitioner on the allegation that when 20 tonnes of coal was found stored near a brick -kiln, it was suspected to be stolen.

(2.) HOWEVER , learned counsel appearing for the petitioner submits that it had never been stolen coal rather it had been purchased by one Kedar Nath Singh.

(3.) THE point which has been raised, cannot be a ground for quashing of the order taking cognizance as this Court is never supposed to give any finding as to whether the petitioner No.1 happens to be the proprietor of M/s Laxmi Food Products or not.