KAILASH PRASAD AGARWALLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have preferred this Cr. Revision for setting -aside the order impugned passed by the S.D.J.M., Dhanbad in G.R. No. 4380/93 on 21.11.05 whereby and whereunder their petition for discharge was dismissed.

(2.) LEARNED Counsel submitted that in the present case chargesheet was submitted against the petitioners and two others for the offence under Sections 420/468/471/379 read with Section 120 -B, IPC as also under Section 7 of the Essential Commodities Act to which a discharge petition was filed on behalf of the petitioners which was rejected with the observation. Heard both the sides and perused the case record. After perusal of the case record it appears that the raised points are subject -matter of trial which would be examined later on and there is sufficient materials available on the record against the accused persons for framing of charge. If these material available on the record are kept un -rebutted against the accused persons this would warrant conviction of the accused persons. Hence the Court rejects the petition 29.8.2005. Accused persons are directed keep themselves physically present on..for framing of charge. (Dt). Sd/ - S.D.J.M.

(3.) I find substance in the argument advanced on behalf of the petitioners that vide notification dated 21.4.1992 (G.S.R. No. 12) the word "Coal" has been deleted in Schedule 1 Item No. 3 of Part E of the Unification Order, 1984.