The High Court should not inquire into the reliability of evidence or stifle a legitimate prosecution under Section 482 of the Cr.P.C., and the defense of false allegations should be addressed during the trial and cannot be a ground for quashing the criminal proceeding.

JUDGMENT :

By the Court:- Heard the parties.

2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding including the F.I.R. in connection with Thakurgaon P.S. Case No.05 of 2022 registered under Sections 414, 34 of the Indian Penal Code and Section 30 of the Coal Mines Act pending in the court of J.M.F.C. at Ranchi.

3. The allegation against the petitioner is that police seized one turbo truck which was involved in illegal transportation of illegally extracted coal and the stolen coal was concealed with a layer of bricks. Police seized the truck and nabbed the persons who were on board the truck. On being enquired by the police, the drivers of the turbo trucks disclosed that the turbo truck is involved in transportation of stolen coal and the stolen coal belongs to the petitioner. There was no number plate on the backside of the truck and the driver of the truck disclosed to police that as per the orders of the petitioner who is their employer, they were committing theft of coal and were selling the same in different kilns as per the order of the petitioner. Police registered the F.I.R. and took up the investigation of the case.

4. Learned counsel for the petitioner submits that the allegation against the petitioner is false. Hence, it is submitted that the entire criminal proceeding including the F.I.R. in connection with Thakurgaon P.S. Case No.05 of 2022, as prayed for by the petitioner, be quashed and set aside.

5. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer for quashing the entire criminal proceeding including the F.I.R. in connection with Thakurgaon P.S. Case No.05 of 2022, as prayed for by the petitioner. It is next submitted by the learned Spl.P.P. that there is direct allegation against the petitioner of being in furtherance of common intention with the co-accused persons, involved in assisting and concealment of stolen property and dealing with stolen property and also committing theft of coal illegally and getting the same transported for gain. It is next submitted that the contention of the petitioner that the allegation against him are false is the defence which he can take during the trial but certainly the same cannot be a ground to quash the entire criminal proceeding including the F.I.R. in connection with Thakurgaon P.S. Case No.05 of 2022. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.

6. Having heard the rival submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that it is a settled principle of law that High Court should not embark upon an inquiry as to whether an evidence is reliable or not in exercise of the jurisdiction under Section of the 482 of the Cr.P.C. as that would be the function of the trial court as has been held by the Hon’ble Supreme Court of India in the case of State of Madhya Pradesh vs. Awadh Kishore Gupta & Others reported in (2004) 1 SCC 691. It is also a settled principle of law that the High Court in exercise of its inherent power under Section 482 Cr.P.C. should not stifle a legitimate prosecution as has been held by the Hon’ble Supreme Court of India in the case of Monica Kumar (Dr.) & Another vs. State of Uttar Pradesh & Others reported in (2008) 8 SCC 781.

7. Now, coming to the facts of the case; as rightly submitted by the learned Spl.P.P. that there is direct and specific allegation against the petitioner of being the ring-master of carrying out theft and transportation of coal illegally in an organized manner in furtherance of common intention with several co-accused persons.

8. So far as the contention of the petitioner that the allegation against the petitioner is false is concerned, the same is a defence which the petitioner can take during the trial of the case but certainly the same cannot be