RAJESH KUMAR CHOURASIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this petition, the petitioners have challenged the order dated 12th September, 2003 passed by learned Chief Judicial Magistrate, Dhanbad in Katras (Rajganj) P.S. Case No.0032 of 2002, corresponding to G.R. No.377 of 2002, whereby cognizance of the offences under Sections 406, 420, 467, 468, 471, 120B and 414 of the Indian Penal Code has been taken against several persons including the petitioners.

(2.) PROSECUTION case, in brief, is that while on patrolling duty on the G.T. Road, A.S.I. -R. N. Thakur of Rajganj Outpost got a wireless message from the Officer -in -charge of Rajganj Outpost regarding movement of three trucks loaded with coal from Mahabir Fuels Pvt. Ltd. on the way to Delhi. The vehicles were chased and stopped. On checking of three loaded trucks, it was found that the coal was being transported to Ganesh Bhandar and Diamond Chemicals of Kaushalpur, Uttar Pradesh (the petitioners are partners of Ganesh Bhandar and Diamond Chemicals of Kaushalpur, Uttar Pradesh). On verification, it was found that the quality of coal was mentioned as "Unusable . On enquiry, satisfactory papers were not produced by Munshies of the firms. The drivers of the two trucks were there, but they also failed to produce the satisfactory papers. One of the drivers had rushed away.

(3.) IT has been submitted on behalf of the petitioners that the prosecution against them is wholly frivolous and malicious and abuse of process of the Court. Petitioner nos.1 and 2 are the partners of M/s. Diamond Chemicals and Petitioner nos.3 and 4 are the partners of Sri Ganesh Bhandar. Coal was not released in their favour. Coal was released under the linkage scheme in favour of M/s. Mahabir Fuels Pvt. Ltd. The incriminating articles were also not delivered to the petitioners. No offences as such under the said sections are made out against the petitioners. There is no allegation of forging any paper by them or breach of trust or misappropriation or cheating etc. and as such the order taking cognizance against the petitioners is liable to be quashed.