DEEPAK KUMAR PODDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Sec. 482 Cr.P.C. with a prayer to quash the entire criminal proceeding arising out of Govindpur P.S. Case No. 235 of 2019 corresponding to G.R. No. 1504 of 2020 including the order dtd. 27/2/2021, passed by the learned Judicial Magistrate -1st Class, Dhanbad whereby and where under the learned Magistrate has taken cognizance of the offences punishable under Sec. 414/34 of the Indian Penal Code and under Sec. 30 (ii) of the Coal Mines (Nationalization) Act.

(3.) The brief facts of the case is that on 4/12/2019 at 12:30 A.M. on the basis of secret information, the informant 'Officer-in-Charge of Govindpur Police Station raided and seized coal in respect of which appropriate documents could not be produced, hence he instituted the case. During the course of investigation, the petitioner produced documents in respect of the seized coal which was found to be genuine by the I.O. of the case and the seized coal was released in favour of the petitioner by the order dtd. 28/8/2021, passed by the learned Judicial Magistrate -1st Class, Dhanbad in Govindpur P.S. Case No. 235 of 2019 corresponding to G.R. Case No. 1504 of 2020 and M.C.A. Case No. 406 of 2020, the certified copy of which has been kept at annexure-5 of the brief despite that, charge sheet has already been submitted against the petitioner.