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 could have been instituted under the provisions of Indian Penal Code. It is submitted that in aforesaid view of the matter the entire criminal case including the F.I.R. is fit to be quashed and set aside.

4. Learned counsel for the State Mr. Veer Vijay Pradhan opposes the prayer of the petitioner and submits that no case for quashing of the FIR has been made out.

5. After hearing the learned counsel for the parties , this court finds that the present case has been filed for quashing of the first information report being Nirsa P.S. Case No. 153 of 2009 corresponding to G.R. No. 2342 of 2009 which was lodged against the present petitioner under Section 414/120B of the Indian Penal Code along with Section 32(2) of the Coal Mines Act and the said case is said to be pending before the learned Chief Judicial Magistrate, Dhanbad. This court finds that the F.I.R. is based on the written report submitted by opposite party No. 2 Sub Inspector CID (3) Dhanbad Police Station, Dhanbad.

6. The prosecution story is that on 24.07.2009, on the basis of secret information about illegal coal, the informant along with other police personnel proceeded from Dhanbad at 8 P.M. At about 9.30 P.M. they reached at Singhpur village and came in front of big gate having boundary wall from all sides of the premises namely Shree Niwasa Udyog. On reaching the said gate they saw 15 to 20 labours loading coal on a truck using basket from bicycle and some were supervising the work. On coming to know about the police, all the persons fled away by jumping the wall and taking advantage of the darkness.

The officer in charge of Nirsa police station was informed. On information the A.S.I. along with police personnel came there. In the presence of the independent witnesses namely (1) Sanjiv Kumar Singh and (2) Abhijit Rai, the premises were searched and many articles and the premises was coal bhatha. On further enquiry it transpired that the coal Bhatha belongs to Narendra Singh @ Ninda Singh, Vijay Yadav, Pravin Sharma and Manu Tiwari who in league with each other purchased the illegal mined coal and after getting the same loaded on truck sell the same to other destination. It was also revealed that such illegal business starts at 6 O’clock in the evening and continues till late at night. Some articles along with steam coal were seized in the presence of Sanjiv Kumar Singh and Abhijit Rai and seizure list was prepared and the same were kept in the custody of A.S.I. On the basis of these allegations and the evidence it was stated that said Shree Niwas Udyog and its proprietor Narendra Singh, Vijay Kumar Yadav, Pravin Sharma and Manu Tiwari, truck bearing registration no. WB-37B/6281 and its owner, motorcycle bearing registration no. JH-10B/6369 and its owner, Kawasaki having registration no. WB-12