1. By way of this common judgment and order, I propose to dispose of the Criminal Petition No. 189/2016 and Criminal Petition No. 192/2016 preferred under Section 482 of the Code of Criminal Procedure.

2. It may be mentioned at the outset that both these cases were heard and reserved for verdict. However, certain discrepancy was noticed in the nomenclature of the case, sought to be quashed, hence the discrepancy was brought to the notice of learned Senior Counsel for the petitioners. The learned Senior Counsel for the petitioners, having realized the error, sought to file a correction/modification application and accordingly vide I.A (Crl) No. 603/2017 in Criminal Petition No. 189/2016 and I.A (Crl) No. 608/2017 in Criminal Petition No. 192/2016 amendments were sought to be introduced.

3. The amendments, sought to be introduced in Criminal Petition No. 189/2016 and Criminal Petition No. 192/2016, were heard on 24.08.2017 and after considering that the proposed amendments are only clarificatory in nature, prayers in both the Interlocutory Applications were allowed. The amendments in Criminal Petition No. 189/2016 and Criminal Petition No. 192/2016 shall now be read as part of original petitions.

4. The amendments, sought for, can be precisely stated as follows:

(i) The Case No. in the original application was mentioned as CR 854/2016 which has been amended as GR 854/2016

(ii) In the cause title as well as in the body of the petition it was stated that the case is presently pending in the Court of learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati which has, now, been corrected as learned Special Judicial Magistrate, Assam, Guwahati

5. Having dealt with the clarificatory aspects of the case I now proceed to decide the case as follows;

6. The petitioners 1, 2 and 3 in Criminal Petition No. 192/2016 are the Directors of Meghalaya Cements Ltd, a company registered under the Companies Act, 1956 and the petitioner No. 4 is an employee of the said Company. On the other hand, the petitioner in Criminal Petition No. 189/2016 is the Chairman of said Meghalaya Cements Ltd. On a reading of the charge-sheet dated 27.3.2014, appended as Annexure 4 to this petition, the allegation against the petitioners is that during the period of 2008-2011 some officials of North Eastern Coal Fields, CIL, (hereinafter referred to NEC, CIL) entered into criminal conspiracy with Sri Kailash Chand Lohia, Director of Meghalaya Cements Ltd. to facilitate misuse of coal supplied from NEC, CIL under subsidized rates as per National Coal Distribution Policy of Govt. of India. As per the Fuel Supply Agreement done between NEC/CIL and Sri Kailash Chand Lohia for Meghalaya Cements Ltd, coal to the tune of 38,000 metric tonnes per annum was allotted to the Unit. Accordingly, the firm had lifted 70,413 metric tonnes of coal from NEC, CIL but instead of transporting the said coal to Meghalaya Cements Ltd the Director diverted the said coal for use in M/s K.D. Coke, Jorabat. The coal was allotted and lifted at the rate of Rs. 3680/- per tonne and rate fixed under E-auction is Rs. 3851/-. The quantity of coal lifted by Meghalaya Cements Ltd would have fetched an amount of Rs. 15,50,25,136/- to the CIL if sold through e-auction open market. Hence, wrongful loss was caused to CIL. Apart from the allegations of cheating there are some other allegations that the petitioners having entered into conspiracy created forged documents and used those documents for the purpose of cheating. A charge-sheet, thus, for the offences under Section 420/468 read with Section 120B IPC has been laid against the petitioners in both the cases.

7. An FIR was lodged in this regard by Mr. H.C. Nath, IPS, Head of Branch, CBI/ACB/Guwahati on 12.4.2011. The FIR was investigated, and after investigation, a closure report, under Section 173 CrPC, was laid on 27.6.2012.

8. As against the Closure Report, under Section 173 CrPC, the impugned order, dated 4.8.12, was passed by learned Spec