BABLOO KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THE prayer of the petitioner in this writ application is for quashing of the First Information Report and the entire criminal proceeding in connection with Topchanchi P.S. Case No. 183/2003, which was registered under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code.

(3.) THE case of the petitioner in brief is that he is the proprietor of M/S Shilpee Coal Briquette Plant which is situated at Kasap in the district of Bhojpur, Bihar. The said unit is engaged in manufacture of coal briquettes. On an application filed by the petitioner before the Coal India Limited for grant of coal linkage, the Chief General Manager (Marketing) after inspection of the unit, granted linkage of coal to the petitioner on 15/12/1997 and pursuant to the said linkage the petitioner was regularly lifting the coal from different collieries of B.C.C.L. on valid sale orders/challans. According to the petitioner, in November, 2001 the unit of the petitioner was inspected by the Industry Department of the Government of Bihar and it was found that the petitioner's unit was operational and functional. However, the supply of coal to the petitioner was suspended vide wireless message of the Industries Department dated 30/07/2002 but against the stoppage of supply of the coal, the petitioner moved this Court in its writ jurisdiction in W.P. (C) No. 4888/2002 and this Court after hearing the parties passed an order on 05/09/2002, as contained in Annexure -6 to the writ petition, on the basis of the decision in the case of Maya Fuel Private Limited v. B.C.C.L. reported in 2002 (3) J.L.J.R. 394. The relevant extract of the order is quoted herein below: