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. 152 of 2009, corresponding to G.R. No. 2341 of 2009, registered for the offence under Sections 414/120B of the Indian Penal Code along with Section 32(2) of the Coal Mines Act as against the present petitioner said to be 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 Nawal Singh @ Nawal Kishore Singh 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 Nawal Singh @ Nawal Kishore Singh 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.

4. Learned counsel further submits that the case was instituted under the provisions of Indian Penal Code as well as the special A