SARWAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The two petitioners have filed this application for quashing of the FIR being Govindpur P.S. Case No. 51 of 2004, registered under Sections 419, 420, 467, 468, 471 and 120 -B of the Indian Penal Code against them.

(2.) ACCORDING to the FIR lodged by one Lalan Kumar Thakur, S.I. of Police, a telephonic message was received from the Superintendent of Police, Dhanbad on 25.2.2004 to the effect that in the premises of Pradip Hard Coke Industries, on the basis of forged papers, slurry coal on several trucks was to be unloaded illegally. On this information, the informant proceeded along with other Police Officials and reached at 1.00 a.m. on 26.2.2004 in the joint premises of Pradip Hard Industries and Maa Parwati Industries. There it was found that three trucks loaded with slurry coal were standing. From two trucks, slurry coal was being unloaded by labourers. On enquiry, the labourers disclosed that all the three trucks had come from Rajrappa Washery. The truck drivers and the khaLasi had gone to take their meals. The labourers, who were unloading the truck, fled away from there seeing the police party and thereafter, the three trucks loaded with several tonnes of slurry coal, were seized along with the eight tonnes of slurry coal, which were unloaded. On search of cabins of the truck, it was found that the slurry coal loaded on the trucks, were loaded from Rajrappa area for and in favour of M/s. Classic Chemicals, Daltonganj. It further revealed from all the Challans, the word Daltonganj was erased and in that place, stamp of Area Sales Manager, Rajrappa was fixed and thereby, a forgery was committed and instead of transporting the same to the Classic Chemicals, Daltonganj. the slurry coals were being unloaded in the joint premises of Pradip Hard Industries and Maa Parwati Industries, Govindpur, Dhanbad by manipulating and forging the documents. It has been further alleged in the FIR that in course of inspection of the said premises of the aforesaid industries, it was found that Bhanu Shankar Tiwary was the owner of the Truck No. BHG 7974 whereas, Sarwan Singh (petitioner No. 1) was the owner of the Truck No. JH 11 -A 6227. The petitioner No. 2 Satpal Singh was the owner of Truck being registration No. BHG 6227. At that time, one another truck being Registration No. BHU 7666 also arrived there loaded with slurry coal and then the papers of that truck was also checked and verified from which, it appeared that the Challans of said truck were also issued from Rajrappa Washery in favour of different industry (Small Scale Industries) of Daltonganj but the word Daltonganj was erased and there also by manipulation, the documents were forged. The truck as well as the slurry loaded with the said truck was also seized by the Police and the FIR was lodged.

(3.) IT is further submitted on behalf of the petitioners that from the entire allegations made in the FIR, it does not transpire that the petitioners being the owners of the aforesaid commercial vehicles, were present there at the spot or they had any knowledge regarding manipulation or forgery made in the relevant papers. It is further submitted that in the case of Abhas Kumar and Ors. v. State of Bihar and Ors. Cr WJC No. 33 of 199i (R), the Division Bench of the Ranchi Bench of the Patna High Court, by order dated 26.3.1999, has held that the diversion of coal does not constitute an offence. The said order has been made Annexure -2 to this writ petition.