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2026:JHHC:2698

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 169 of 2026

Md. Abdul Barkat Alam, aged about 37 years, son of Jubair Alam,

Resident of Muslim Mohalla, P.O. & P.S.-Barkagaon, Dist- Hazaribag

… … Petitioner

versus

The State of Jharkhand … … Opp. Party

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For the Petitioners : Mr. Md. Razaullah Ansari, Advocate

For the State :Mr. Prabir Kumar Chatterjee, Spl.P.P.

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P R E S E N T

HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

1. By the Court:- Heard the parties.

2. 2. This Criminal Miscellaneous Petition has been filed invoking the

jurisdiction of this Court under Section 528 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 with the prayer to quash the entire criminal

proceeding including the order dated 10.03.2023 passed by the Sub

Divisional Judicial Magistrate, Hazaribagh in connection with

Barkagaon P.S. Case No.66 of 2020 corresponding to G.R. Case No. 511

of 2023 whereby and whereunder the learned Magistrate has taken

cognizance of the offence punishable under sections 413, 414, 34 of the

Indian Penal Code, section 33 of Indian Forest Act and section 30(ii) of

Coal Mines Act on the basis of the charge sheet submitted by the police

against the petitioner for having committed the said offences.

3. 3. The allegation against the petitioner is that the petitioner being

the owner of the tractor bearing No. JH 08 E 9012, in furtherance of

common intention with the co-accused persons was involved in

habitually dealing with the stolen coal by extracting coal from the

protected forest area and also in assisting in concealment of the said

stolen coal. After investigation of the case, police found the allegation

against the petitioner to be true and submitted charge sheet against him

and on the basis of the charge-sheet, learned Magistrate has taken

cognizance against the petitioner as stated above.

4. 4. It is submitted by the learned counsel for the petitioner that the

allegation against the petitioner is false. The petitioner is neither the

Cr.M.P. No. 169 of 2 026

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2026:JHHC:2698

owner nor the driver of the seized vehicle. Hence, it is submitted that

the prayer, as prayed for in the instant Cr.M.P., be allowed.

5. 5. Learned Spl. P.P. appearing for the State submits that the only

contentions of the petitioner is that the allegation against him are false

and that plea he can certainly take such plea during the investigation of

the case and in case charge-sheet is submitted against him and charges

are framed against him then; also during the trial of the case; but the

same is not a sufficient ground to quash the entire criminal proceedings

at this nascent stage. Hence, it is submitted that this Cr.M.P., being

without any merit, be dismissed.

6. 6. Having heard the rival submissions made at the Bar and after

carefully going through the materials available in the record, it is

pertinent to mention here that it is a settled principle of law as held by

the Hon’ble Supreme Court of India in the case of the case of State of

Madhya Pradesh vs. Awadh Kishore Gupta & Others reported in 2004

2 Supreme 501 that the defence of an accused person of the case and the

veracity of the evidence put forth by the accused cannot be considered

in exercise of the power under Section 482 of the Code of Criminal

Procedure, 1973 by the High Court.

7. 7. It is also a settled principle of law as has been held by the Hon’ble

Supreme Court of India in the case of State of Uttar Pradesh & Another

vs. Akhil Sharda & Others reported in 2022 SCC OnLine SC 820 that no

mini trial can be conducted by the High Court in exercise of the power

under Section 482 of Code of Criminal Procedure the relevant portion

of which reads as under:-

“Having gone through the impugned judgment and order passed

by the High court has set aside the criminal proceedings in

exercise of powers under Section 482 CrPC, it appears that the

High Court has virtually conducted a mini trial, which as such is

not permissible at this stage and while deciding the application

under Section 482CrPC. As observed and h