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2020 Supreme(Kar) 2331

JOHN MICHAEL CUNHA
Bharat Kumar Jain – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Murthy D. Naik.
For the Respondents: Sri. Venkatesh S. Arbatti, Sri. B.S. Prasad.

ORDER :

1. Petitioners in the above petitions have sought to quash the charge sheet and the entire proceedings initiated against them for the offences punishable under Sections 379, 420, 120B & 511 of IPC and Section 21 r/w Section 4(1A) of Mines and Minerals (Development and Regulation) Act, 1957 (for short 'M.M.D.R. Act').

The details of the proceedings, rank of the petitioners and the gist of the allegations made against them are detailed in the table here below:

Criminal Petition No. Rank of the Parties Crime No. Spl. C.C. No. Gist of the allegations

4622/2019 and 4623/2019 A7 and A6 30/2014 120/2017 Petitioners (accused No.7 and 6) were partners of M/s Shree Durgambha Traders. They entered into conspiracy with each other and in furtherance thereof between 01.04.2009 and 31.07.2010 transported 9626.222 MT of stolen Iron ore to M/s JSW Steel Ltd., Toranagal. Out of the said quantity, the petitioners failed to obtain prior permit for transporting 4640.39 MT and failed to pay royalty and other taxes and thereby caused loss of Rs.62,16,877/- to the State Exchequer and committed the aforesaid offences.

3622/2017 A11 and A22 30/2014 120/2017 Petitioner No.1 (accused No.11) was carrying on

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