SHAMSHAD KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has challenged the legality of the order dated 30.03.2015 passed by Shri B.K. Lal, Judicial Magistrate, Dhanbad in connection with Nirsa Kalu Bathan P.S. Case No.76 of 2015 corresponding to G.R. No.897 of 2015 whereby and whereunder warrant of arrest has been issued against the petitioner.

(2.) The facts of the case, in nutshell, is that the Officer-inCharge of the aforesaid police station got secret information that Jai Maa Kali Indhan Udyog, Guliyardih has collected stolen coal whereafter raid was conducted in the premises of the said industry but after seeing the police party, the persons, who were present there, fled away. The police party found two tones of coal lying in the campus and seized the coal. The proprietor of the said firm Bablu Singh and this petitioner-Shamshad Khan, who is the Manager of the said firm, were found to be involved in illegal trade of stolen coal. Accordingly, the aforesaid case was registered against the petitioner and other persons under Sections 413/414/34 of the Indian Penal Code and Section 30(ii) of the Bihar Coal Mines Act.

(3.) It appears from the Lower Court Record that F.I.R. of this case was presented before the court on 26.02.2015 and on 30.03.2015 the Investigating Officer of the case filed a petition before the said court for issuance of warrant of arrest against the petitioner and other accused persons on the ground that they are evading arrest. Accordingly, the warrant of arrest was issued.