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2004 Supreme(Pat) 253

MRIDULA MISHRA
Shambhu Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

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

2. The petitioner has filed this application for quashing the FIR registered on 31.1.1990 on the basis of the Jardbeyan of the informant Sadhu Yadav.

3. The informant instituted the FIR against 27 accused persons including the petitioner. The allegation in the FIR is that by Letter No. 264 dated 25.1.1991 twenty seven hundred twenty metric ton Slake/ Coal was allotted to 27 bricks furnish owner. The above said coal which was allotted to the 27 bricks furnish owner was sold in black market on the basis of forged signature of some persons in the log book. The owners of the bricks furnish were not even have knowledge that such allotment has been made and in connivance with the office the forged book has been prepared and the coal has been sold in the black market. It has also been alleged that it is necessary for the bricks furnish owners to take permission if they want to store more than one metric ton coal as provided by G.S.R. 49, dated 7.10.1985 since the licence has not been taken by the brick furnish allottees and as it alloties provided by District Magistrate, which is punishable under Essential



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