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2021 Supreme(Chh) 179

SANJAY K.AGRAWAL
Rakesh Sharma S/o Lt. Jagdeesh Prasad – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Awadh Tripathi.
For the Respondent: Mr. Ravi Bhagat.

ORDER :

1. The five petitioners herein seek quashment of FIR No. 125/2020 registered against them at Police Station Basantpur, District Balrampur and the Criminal Case No. 245/2020 pending before the Judicial Magistrate First Class, Wadrafnagar, District Balrampur for offence punishable under Sections 420, 120B read with Section 34 of IPC and Section 21 of Mines and Minerals (Development and Regulation) Act, 1957, on the following factual backdrop:

    1.1. Petitioner No. 1 is the owner of registered proprietorship firm named as M/s Shree Mangal and is involved in coal trading both interstate as well as intra-state and petitioners No. 2 to 5 are drivers of the trucks owned by the firm of petitioner No. 1.

1.2. It is the case of petitioner No. 1 that he had purchased coal from SECL through Spot-e-Auction and on 09.07.2020, he had obtained Delivery Order bearing No. 072020/5601/02383 for transportation of 3000 tons of coal and the areas where he was entitled to take the coal were Bilha, Hardi and Dhanwar.

1.3. On 21.08.2020, four trucks owned by petitioner No. 1 and driven by petitione

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