K BHASKARAN @ KOCHUPARANBIL BHASKARAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) Petitioners are aggrieved by the order dated 26.2.2002, passed by the learned Chief Judicial Magistrate, Dhanbad, in G.R. Case No.2968 of 1998, arising out of Putki P.S. Case No.106 of 1998, whereby the cognizance has been taken against the petitioners and the other co-accused persons for the offence under Section 419, 420, 467, 468, 471, 406 and 120-B of the Indian Penal Code.

(3.) The FIR has been brought on record, which shows that two trucks were apprehended, loaded with coal, by the police. The documents for transportation of coal were produced by the apprehended drivers and cleaners of the trucks, which disclosed that the coal was loaded on the trucks at Coke Plant, Loyabad, for transportation to Belgaon, Karnatka. As the documents for transportation of coal were suspected to be forged, the police officer, who had apprehended the trucks, made investigation at Loyabad Coke Plant, and the corresponding documents at Loyabad Coke Plant showed that the coal was loaded on the trucks for being transported to Bharti & Company at Agra (U.P.). As it was found that the coal was being transported on the basis of the forged documents to another destination, the FIR was lodged, in which the petitioners have also been made accused, being the Manager and Owner of South India Roadways, Transport Contractor & Freight Agent, Dhanbad, to whom the trucks belonged. The case was investigated by the police and the charge-sheet was also filed, and on the basis of charge-sheet and the materials in the case diary, the Court below has taken cognizance against the petitioners and the other accused persons for the aforesaid offences.