JUDGMENT :

Heard Mr. Indrajit Sinha assisted by Mr. Nitin Kumar Pasari, learned counsel for the petitioners, Mr. Manoj Kumar, learned counsel for the State and Mr. R.S. Mazumdar, learned Senior counsel for respondent no.2.

2. This criminal writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard on merit.

3. Learned counsel for the petitioners submitted that he has already removed the defects.

4. I.A. No.5393 of 2021 has been filed for immediate release of the petitioners from the judicial custody.

5. The arguments on the main petition as well as the said I.A. have been heard simultaneously.

6. This criminal writ petition under Article 226 of the Constitution of India has been filed for quashing the entire proceedings in connection with Dhansar P.S. Case No.155 of 2021, registered under Sections 406, 420, 120-B, 467, 468, 471, 504, 506 and 34 of the Indian Penal Code, which is pending in the court of Ms. Moumita Guin, learned Judicial Magistrate, 1st Class, Dhanbad. The prayer is also made to call the records of the case, specially the order dated 10.09.2021 and on receipt quash the order of remand dated 10.09.2021 on the ground that the certified copy was not made available to the petitioners since arrest of the petitioners was itself illegal and without mandatory observance of Section 41-A of the Code of Criminal Procedure and without following the law laid down by the Hon'ble Apex Court in the case of Arnesh Kumar v. State of Bihar.

7. The F.I.R. was lodged stating therein that in the month of January 2021, accused petitioner nos. 1 and 2 representing themselves to be the Managing Director and Director of Narsingh Ispat Udyog Private Limited respectively have approached the informant-respondent no.2 stating that they are in business of selling imported coking coal (peaks down coking coal). Further, they requested to purchase the same and to issue the purchase order and it was said by the petitioners to deposit 20% amount of the 25000 ton coal. From the said representation made by the petitioners, respondent no.2 issued the purchase order and on request made by the petitioners for advance payment of 20% and they have taken amount to the tune of Rs.4.63 Crores as an advance from the informant. There is also allegation of supply of inferior quality of coal. The allegations of threatening and abuse are also made in the F.I.R. against the petitioners.

8. Mr. Indrajit Sinha, learned counsel appearing for the petitioners submitted that the F.I.R. was lodged on 19.08.2021. He further submitted that petitioner nos. 1 is the Managing Director and petitioner no.2 is the Director of the Company, who is engaged in the business of Pig Iron having its registered office at Diamond Heritage, 16 Strand Road Fairley Place, B.B.D. Bag, 15th Floor, Room No.-1512, Kolkata, West Bengal. He also submitted that the petitioners and the informant-respondent no.2 are having business transactions since decades and till the date of lodging of the F.I.R., approximately a total turnover of Rs.200/- Crores have been undertaken (Purchase & Sales). He further submitted that the business modus operandi was such that the Company either in its own name or in the name of other subsidiary concern (Narsingh Ispat Udyog Ltd.) purchased coal and supplied the coal to the Coke Oven Plant of respondent no.2 at a pre-fixed rate and in turn the said coal was to be converted into coke and the coke so manufactured was to be supplied in toto to the Company under an invoice at the pre-fixed rate and the difference amount of coal supplied and coke purchased shall be paid on ad-hoc basis. He also submitted that this was happened without any dispute till July 2021, however in the second week of August 2021 the informant started acting indifferently. He