KAILASH KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present criminal revision application has been directed against the order impugned passed by learned Additional Sessions Judge -II, Bermo at Tenughat in Sessions Trial No. 226 of 2004 on 14.7.2005, whereby and whereunder the discharge petition, filed on behalf of the petitioners under Section 227 of the Code of Criminal Procedure, was rejected and the charge was directed to be framed against the petitioners for the offence under Sections 413 and 414 of the Indian Penal Code and Section 30 of the Mining Act.

(2.) THE prosecution story in brief is that a coal loaded truck bearing Registration No. BR -23B -4483 was intercepted by the Area Security Officer on the date intervening between 23/24.2.2002 on suspicion. On demand no paper was produced about the transportation of coal by the driver (petitioner No. 1) or the cleaner of the truck. They explained that the relevant papers of transportation of coal by the said truck were lying with the owner of coal Mukesh Kumar. For want of the relevant papers, the said truck loaded with coal thereon was seized and Gomia P.S. Case No. 33 of 2002 was registered against the petitioners and others for the offence under Sections 413 and 414 of the Indian Penal Code as well as under Section 30 of the Mining Act, 1952.

(3.) MR . Mazumdar further submitted that the driver as well as the cleaner of the said truck clearly mentioned and explained that the relevant papers of purchase and transportation of coal were lying with the owner of the coal and the said documents were produced before the Court below, which were sent to the Investigating Officer for verification and the documents were found genuine, which can be apparent from Paragraphs 45, 46 and 47 of the case diary. Besides verification by the Investigating Officer, the Court below by forwarding the said documents directed the Deputy Commissioner, Commercial Taxes, Hazaribagh Circle, Hazaribagh for verification of Form 28 Kha' and missing of the signature of competent officer on the said form relating to transportation of coal. The Deputy Commissioner, Commercial Taxes, Hazaribagh Circle, Hazaribagh by his Letter No. 498 dated 18.4.2002 after verification with his office record submitted to the Court of Additional Chief Judicial Magistrate, Bermo at Tenughat that on 2.3.2001 as many as 145 forms were issued and that there was possibility of missing of his signature on any one of those forms out of his inadvertence but on verification, he found the Forum 28 Kha' genuine, issued from his office on the given serial number.