Deepak Kumar Poddar @ Deepak Kumar Podhar vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding arising out of Govindpur P.S. Case No. 235 of 2019 corresponding to G.R. No. 1504 of 2020 including the order dated 27.02.2021, passed by the learned Judicial Magistrate -1st Class, Dhanbad whereby and where under the learned Magistrate has taken cognizance of the offences punishable under Section 414/34 of the Indian Penal Code and under Section 30 (ii) of the Coal Mines (Nationalization) Act.

The brief facts of the case is that on 04.12.2019 at 12:30 A.M. on the basis of secret information, the informant –Officer-in-Charge of Govindpur Police Station raided and seized coal in respect of which appropriate documents could not be produced, hence he instituted the case. During the course of investigation, the petitioner produced documents in respect of the seized coal which was found to be genuine by the I.O. of the case and the seized coal was released in favour of the petitioner by the order dated 28.08.2021, passed by the learned Judicial Magistrate -1st Class, Dhanbad in Govindpur P.S. Case No. 235 of 2019 corresponding to G.R. Case No. 1504 of 2020 and M.C.A. Case No. 406 of 2020, the certified copy of which has been kept at annexure-5 of the brief despite that, charge sheet has already been submitted against the petitioner.

It is submitted by the learned counsel for the petitioner relying upon the Judgment of this Court in the case of Rahul Dokania @ Rahul Dokania @ Rahul Dokaniya & Ors. Vs. The State of Jharkhand & Anr., in Cr.M.P. No. 4589 of 2022 dated 22.01.2024 as well as in the case of Sudhir Kumar Goyal & Anr. Vs. The State of Jharkhand, in Cr.M.P. No. 2534 of 2021 dated 10.04.2024

that in those cases, when the documents were found to be genuine, this Court has quashed the entire criminal proceeding of the respective cases. It is next submitted that in view of the fact that the documents of ownership of the seized coal from the premises of the petitioner were found to be genuine, which has even been admitted in the charge sheet submitted by the police after investigation of the case, the continuation of this criminal proceeding will amount to abuse of process of law. Hence, it is

submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed.

The learned Addl. P.P. on the other hand vehemently opposes the prayer as prayed for by the petitioner in this criminal miscellaneous petition but fairly submits that the petitioner is the owner of the coal seized from his factory premises, in respect of which this case has been instituted.

Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that as has rightly been submitted by the learned counsel for the petitioner as well as the learned Addl. P.P., the documents produced by the petitioner which were verified by the I.O. of the case shows that coal has validly been purchased by the petitioner for his factory. Once, it is found that the seized coal was validly purchased one and they were not stolen property, the offence punishable under Section 414 of the Indian Penal Code will not be made out against the petitioner. As in the absence of any stolen property, there cannot be any occasion for the petitioner to assist in concealment of the same and for the same reason, once it is found that the coal is not a stolen property or illegally mined coal, the offence punishable under Section 30 of the Coal Mines (Nationalization) Act will also not be made out against the petitioner.

Under such circumstances, this Court is of the considered view that continuation of this criminal proceeding will amount to abuse of process of law and this is a fit case where the entire criminal proceeding arising out of Govindpur P.S. Case No. 235 of 2019 corresponding to G.R. No. 1504 of 2020 including the order dated 27.02.2021, passed by the learned Judicial Magistrate -1st Class, Dhanbad whereby and where under the learned Magistrate has taken cognizance of the offences punishable under Section 414/34 of the Indian Penal Code and under Section 30 (ii) of the Coal Mines (Nationalization) Act inter-alia against the petitioner, be quashed and set aside qua the petitioner only.

Accordingly, the entire criminal proceeding arising out of Govindpur P.S. Case No. 235 of 2019 corresponding to G.R. No. 1504 of 2020 including the order dated 27.02.2021, passed by the learned Judicial Magistrate -1st Class, Dhanbad whereby and where under the learned Magistrate has taken cognizance of the offences punishable under Section 414/34 of the Indian Penal Code and under Section 30 (ii) of the Coal Mines (Nationalization)

Act inter-alia against the petitioner is quashed and set aside qua the petitioner.

In the result, this criminal miscellaneous petition is allowed.