ORDER :

1. Heard Mr. Mahesh Tewari, learned counsel appearing on behalf of the petitioner.

2. This Cr. M. P. has been filed for quashing the first information report being Nirsa P.S. Case No. 153 of 2009, corresponding to G.R. No. 2342 of 2009, which has been lodged against the petitioner under Sections 414/120B of the Indian Penal Code along with Section 32(2) of the Coal Mines Act, pending in the court of learned Chief Judicial Magistrate, Dhanbad.

3. Learned counsel for the petitioner has submitted that the coal which was involved in this case has been released in favour of one Ram Bilash Yadav pursuant to the petition filed by him. It is submitted that before releasing the coal, the learned court below had called for a report from the police and the police had supported the release of coal in favour of Ram Bilash Yadav and the coal was ultimately released in his favour. The learned counsel for the petitioner submits that in the aforesaid circumstances no case is made out against the petitioner. Learned counsel further submits that the case was instituted under the provisions of Indian Penal Code as well as the special Act i.e Coal Mines Act and in view of the special Act no FIR co