Anil Kumar Choudhary, J
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash the entire criminal proceeding instituted against the petitioner including the Charge Sheet No. 01 of 2022 and order dated 01.11.2022, passed by the learned Sub-Divisional Judicial Magistrate, Bokaro whereby cognizance has been taken against the petitioner for the offences punishable under Section 414/34 of the Indian Penal Code, under Section 21 of the Mines and Minerals (Development and Regulation) Act and Section 30 of the Coal Mines Act in connection with Chas (M) P.S. Case No. 35 of 2022 corresponding to G.R. Case No. 1115 of 2022, now pending in the court of Sub-Divisional Judicial Magistrate, Bokaro.
3. The brief fact of the case is that the petitioner is the driver of the Truck bearing registration no. JH 10-CH 4706 and it is alleged that the said truck was transporting illegally excavated stolen coke dust loaded in the truck weighing about 45 tons.
4. It is submitted by the learned counsel for the petitioner that after investigation of the case, police submitted charge sheet. Further, drawing attention of this Court to annexure-6 at page no. 44 of the brief, it is submitted by the learned counsel for the petitioner that the Sub Inspector of Police, Chas Muffasil Police Station, Bokaro has submitted a report to the Sub-Divisional Judicial Magistrate, Bokaro intimating therein that on physical verification of the document of ownership produced by Jagdish Prasad Agrawal, the document of ownership was found to be valid and consequent upon that, the seized coal has been released in favour of the owner of the same Jagdish Prasad Agrawal. Drawing attention of this Court to the unimpeachable document kept at page no. 29 of the brief, which is the tax invoice in connection with transportation of the coal, it is submitted by the learned counsel for the petitioner that the tax invoice also shows transportation of the seized coal from Abhiyan Coal and Coke LLP of the Jagdish Prasad Agrawal to Hira Ferro Alloys Ltd., Raipur, hence no illegality has been committed by the petitioner. It is therefore submitted that the entire criminal proceeding instituted against the petitioner including the Charge Sheet No. 01 of 2022 and order dated 01.11.2022, passed by the learned Sub-Divisional Judicial Magistrate, Bokaro whereby cognizance has been taken against the petitioner for the offences punishable under Section 414/34 of the Indian Penal Code, under Section 21 of the Mines and Minerals (Development and Regulation) Act and Section 30 of the Coal Mines Act in connection with Chas (M) P.S. Case No. 35 of 2022 corresponding to G.R. Case No. 1115 of 2022, now pending in the court of Sub-Divisional Judicial Magistrate, Bokaro be quashed and set aside.
5. Learned Addl. P.P. on the other hand opposes the prayer for quashing the entire criminal proceeding instituted against the petitioner including the Charge Sheet No. 01 of 2022 and order dated 01.11.2022, passed by the learned Sub-Divisional Judicial Magistrate, Bokaro whereby cognizance has been taken against the petitioner for the offences punishable under Section 414/34 of the Indian Penal Code, under Section 21 of the Mines and Minerals (Development and Regulation) Act and Section 30 of the Coal Mines Act in connection with Chas (M) P.S. Case No. 35 of 2022 corresponding to G.R. Case No. 1115 of 2022, now pending in the court of Sub-Divisional Judicial Magistrate, Bokaro but fairly submits that upon verification of the documents, the ownership of the coal as claimed by the said - Jagdish Prasad Agrawal; was found to be valid.
6. Having heard the submissions made at the Bar and after going through the materials in the record, in view of the fact that undisputedly the ownership of the said seized coal belongs to Abhiyan Coal and Coke LLP of which Jagdish Prasad Agrawal is a partner; this Court has no hesitation in holding that since the coal transported by the truck was genuine one and had the valid tax invoice and the documents were found to be genuine by the police upon production of the same, the chances of conviction of the petitioner is remote and bleak, hence continuation of this criminal proceeding will amount to process of law.
7. Under such circumstances, this Court is of the considered view that this is a fit case where the entire criminal proceeding instituted against the petitioner including the Charge Sheet No. 01 of 2022 and order dated 01.11.2022, passed by the learned Sub-Divisional Judicial Magistrate, Bokaro whereby cognizance has been taken against the petitioner for the offences punishable under Section 414/34 of the Indian Penal Code, under Section 21 of the Mines and Minerals (Development and Regulation) Act and Section 30 of the Coal Mines Act in connection with Chas (M) P.S. Case No. 35 of 2022 corresponding to G.R. Case No. 1115 of 2022, now pending in the court of Sub-Divisional Judicial Magistrate, Bokaro be quashed and set aside.
8. Accordingly, the entire criminal proceeding instituted against the petitioner including the Charge Sheet No. 01 of 2022 and order dated 01.11.2022, passed by the learned Sub-Divisional Judicial Magistrate, Bokaro whereby cognizance has been taken against the petitioner for the offences punishable under Section 414/34 of the Indian Penal Code, under Section 21 of the Mines and Minerals (Development and Regulation) Act and Section 30 of the Coal Mines Act in connection with Chas (M) P.S. Case No. 35 of 2022 corresponding to G.R. Case No. 1115 of 2022, now pending in the court of Sub-Divisional Judicial Magistrate, Bokaro is quashed and set aside.
9. In the result, this criminal miscellaneous petition is allowed.
