Rajesh Bhandari vs State of Jharkhand

Rongon Mukhopadhyay, J. - Heard the parties.

In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Barkagaon P.S. Case No. 50 of 1993 including the order dated 16.01.2004, passed by the learned Chief Judicial Magistrate, Hazaribagh, by which cognisance has been taken for the offence punishable under sections 39/42 of the Indian Forest Act, 30 (ii) of the Coal Mines Act and Section 414 of the Indian Penal Code.

The allegation made in the FIR is to the effect that an information was received by the police with respect to illegal transportation of coal but when they went to place of occurrence, the accused persons had fled away and the truck loaded with ten tons of coal was seized.

It has been submitted by the learned counsel for the petitioner that the offence is petty in nature and only on suspicion, the petitioner has been implicated.

It has further been submitted that although the occurrence is said to have taken place on 18.05.1993, but charge-sheet was submitted on 29.12.2003 and cognisance was taken on 16.01.2004, which is hit by Section 468 of the Code of Criminal Procedure.

Learned A.P.P., on the other hand, submitted that merely delay in submission of the charge-sheet cannot be a ground to quash the entire proceeding.

As it appears from the records, having found involvement of the petitioner, police submitted charge-sheet against him, pursuant to which, cognisance was taken by the learned Chief Judicial Magistrate, Hazaribagh.

Since an offence is made out against the petitioner, I am not inclined to exercise inherent power under Section 482 Cr.P.C. and accordingly there being no merit in this application, the same is hereby dismissed.