Prashant Kumar Pradhan v. The State of Jharkhand

: Mr. Amresh Kumar, Advocate : Mr. Prabir Kumar Chatterjee, Spl.P.P. --------- Order No. 07/ Dated: 11.10.2022 This Criminal Revision has been filed on behalf of the petitioner by challenging the order dated 13.05.2022 passed by Sri Shesh Nath Singh, Additional Sessions Judge-II, Ramgarh on the discharge petition filed under section 227 of Cr.P.C in Session Trial No. 120 of 2019 arising out of Mandu (W.B.) P.S. Case No. 123 of 2015 , corresponding to G.R. No. 1153 of 2015 for the offences under sections 379 , 411, 413/34 of the I.P.C. and 30 (ii) Coal Mines Act , section 33 of the Forest Act and under section 21 of M.M.D. R. Act against the petitioner alongwith other accused, by which learned Court below has rejected the discharge petition filed under section 227 Cr.P.C. on behalf of the petitioner.

2. As per the F.I.R., the Police had conducted raid and had seized huge quantity of coal and the petitioner alongwith other co- accused person are named in the F.I.R. for storing and committing theft of the coal from the forest area .

3. Heard learned counsel for petitioner and learned counsel for the State.

4. It has been submitted by the learned counsel for the petitioner that judgments and order passed by the learned Court below are not sustainable in the eyes of law. It is submitted that the petitioner is neither the Co-Owner nor Co-Director of the Company -2 and also he has no concern M/s Maa Sherawali Coke Pvt. It is submitted that after investigation, the police has submitted charges sheet under section 379, 411, 413/34 of the I.P.C. and 30(ii) Coal Mines Act, section 33 of the Forest Act and21 of M.M. R. D. Act against the petitioner and other accused, the leaned Court below has taken cognizance under section 379/411/413/34 of the I.P.C. , 30 (ii) Coal Mines Act and 33 of Indian Forest Act against the petitioner and others named accused. It is submitted that the learned Court below without considering the fact that petitioner is neither the Co-Owner nor Co-Director of the Company and also he has no concern with the company namely M/S MAA Sherawali Coke Pvt. Ltd. and has no involvement in the occurrence. It submitted that the learned court below has failed to consider that in paragraph 51 of the case diary , it is specifically mentioned that after investigation it is found that Rupesh Kumar Singh is the exclusive owner of the said M/S MAA Sherawali Coke Pvt. Ltd. It is submitted that the accusation against the petitioner is groundless and there is no iota of evidence and even prima facie evidence on case record to impose any accusation under section 379/411/413/34 of I.P.C, 30(ii) Coal Mines Act and 33 of Indian Forest Act against this petitioner. In view of above the impugned order dated

13.05. 2022 is set-aside interest of justice.

5. On the other hand, learned Special P.P. for the State has opposed the prayer. It has further been submitted that the petitioner is named in the F.I.R. as Co-Owner alongwith the one Owner Rupesh Kumar Singh in the F.I.R. . It is further submitted that at the stage of framing of charge, defence of accused person cannot be considered or looked into. It is submitted that the learned Court -3 below has committed no illegality by rejecting the discharge petition filed by the petitioner. It is submitted that the defence of the petitioner can be seen at the time of trial. It is submitted that para 59 and para 71 of the case diary further reveal that the petitioner is also involved as a Co-owner and as such this Criminal Revision may be dismissed .

6. Perused the F.I.R, case diary and impugned order passed by the learned Court below ..

7. It appears that the F.I.R. was lodged on 18.03.2015 by the Police Official in the factory of M/s Maa Sherawali Coke Pvt. Limited for accumulate the coal in illegal manner and one Rupesh Kumar Singh is also shown as an Owner and one Rakhbeer Singh have also been named and this petitioner namely Prashant Kumar Pradhan @ Prashant Pradhan at Hazaribagh is shown as Co-Owner of coal in question, connection with in Mandu ( W.B) P.S. Case No. 123 of 2015 , corresponding to G.R. No. 1153 of 2015 instituted offence under sections 379,411,413/34 of I.P.C. and 30 (ii) Coal Mines Act, section 33 of the Forest Act and section 21 M.M. R. D., Act.

8. It transpires that the cognizance was taken on 08.01.2018, although the charge-sheet was submitted by the police on

30.10.2017.

9. It is well settled that at the stage of framing of charges, the Court not look into the document of defence and , at the same time it also well settled that the Court should not out act as the mouth piece of the prosecution.

10. It further transpires from perusal of para 51 of the case diary that the I.O. has mentioned that Rupesh Kumar Singh i.e. co- accused as the Owner of this factory M/s Maa Sherawali Coke Pvt. Limited. -4

11. Under the circumstances and in view of the above, the impugned order dated 13.05.2021 passed in Session Trial No. 120 of 2019 by the learned Additional Sessions Judge-II, Ramgarh is set-aside in the interest of justice and the case is remitted back to the leaned Court below and the learned Court below is directed to pass fresh order in accordance with law and also in light of materials available in the case diary within a period of eight (08) weeks from the date of receipt /production of a copy of this order.

12. Thus this Criminal Revision No. 531 of 2022 is allowed and stands disposed of. (Sanjay Prasad, J.) Bibha/