Rakesh Kumar vs State Of Jharkhand
2023 Latest Caselaw 2633 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P. (Cr.) No. 361 of 2023
                1.   Rakesh Kumar
                2.   Rajiv Ojha                                     ... Petitioners
                                             -Versus-
               1.    State of Jharkhand
               2.    Secretary, Department of Mines and Geology, Govt. of Jharkhand,
                     Ranchi
               3.    District Mining Officer, Dhanbad        ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Utkarsh Krishna, Advocate For the State : Ms. Surabhi, A.C. to A.A.G.-II

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07/04.08.2023 Mr. Utkarsh Krishna, learned counsel appearing for the petitioners submits that the only allegation against the petitioners is that in absence of e-challan, the coal was being transported. He further submits that however for release of the said coal, a petition was filed before the learned court and on verification, the learned court has been pleased to find that the coal in question was being transported on a valid document and that is why, the coal has been directed to be released in favour of the petitioners. He also submits that in this background, FIR is maliciously filed against the petitioners. He relied upon the judgment passed by the Hon'ble Supreme Court in Kapil Agarwal and others v. Sanjay Sharma and others; [(2021) 5 SCC 524].

2. Ms. Surabhi, learned counsel for the respondent-State shall take instruction and file counter affidavit within four weeks.

3. Let it appear on 06.09.2023.

4. Till the next date, no coercive steps shall be taken against the petitioners in connection with Govindpur (Dhanbad) P.S. Case No.213/2022, pending in the court of the learned Judicial Magistrate, 1st Class, Dhanbad.

(Sanjay Kumar Dwivedi, J.) Ajay/