SHIV PRASAD SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India for the quashment of the entire FIR of Chirkunda (Galfarbari) P.S. Case No. 188 of 2003 corresponding to G.R. No. 3348 of 2002 instituted against the petitioner for the offence under Sections 420, 467, 468, 471 and 414/34, IPC pending before the CJM, Dhanbad for appropriate direction in the facts and circumstances of the case.

(2.) THE brief fact of the case is that while the respondent No. 2 A.S.I. of Police was on patrolling duty, he received tip off that a truck No. BR 2A 3242 was carrying steam coal on the name of a factory which had no existence, on forged and fabricated document. On such information he intercepted the truck but the driver fled away and in course of search of the cabin of the truck, he found two Challans vide No. 14 dated 14.11.2003 with destination of the coal to Supreme Industries,' Raniganj and another challan No. C -56718 dated 14.11.2003 issued by Sikni Coal Project, Latehar despatched to Supreme Industries, Chirkunda, Dhanbad with the name of the customer purchaser Md. Islam. Certain other discrepancies were also found between the Weigh Bridge Slip issued by Sikni Coal Project and the second Weigh Bridge Slip with the variation of weight of the steam coal in both the challans. Finding such discrepancies, the informant tried to find out the existence of Supreme Industries either at Chirkunda or at Raniganj but neither of the two could be traced out and finding that the fraud was played, he instituted FIR against the petitioner who is Transporter of Sahu Transport, the driver, purchaser and owner of the truck. The Transport challan was issued for the destination Supreme Industries, Raniganj (W.B.) whereas coal challan was for the destination Supreme Industries Chirkunda.

(3.) MR . Tewari, learned Counsel appearing on behalf of the petitioner advanced the following submissions: