Sanjay Kumar Khemka @ Sanjay Khemka vs The State Of Jharkhand ......Opposite ...
2024 Latest Caselaw 9879 Jhar

Jharkhand High Court

Sanjay Kumar Khemka @ Sanjay Khemka vs The State Of Jharkhand ......Opposite ... on 4 October, 2024

Author: Ratnaker Bhengra

Bench: Ratnaker Bhengra

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Revision No. 1051 of 2024
          1. Sanjay Kumar Khemka @ Sanjay khemka, aged about 52 years
          2. Ajay Khemka @ Aja Kumar Khemka, aged about 51 years, both S/l
             Shiv Kumar Khemka, Director M/s Sanjay Udyog Pvt. Ltd., R/o
             Grewal Colony, Govind Nagar, Bekarbandh, P.O. & P.S. Dhanbad,
             Dist-Dhanbad                             ...... Petitioners
                                  Versus
             The State of Jharkhand                            ......Opposite party
                                     ----------

CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Petitioners : Mr. Shailesh Kumar Singh, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl.PP .....

Order No.02/ Dated:04.10.2024 Learned counsel for the petitioners has appeared as well as learned Spl.P.P has appeared.

The instant application has been filed challenging the legality, propriety and correctness of the order dated 05.07.2024 passed in Misc. Cr. Application No. 4013 of 2023 arising out of S.T. No. 497 of 2023 by the learned Addl. Sessions Judge-VI, Dhanbad whereby and whereunder discharge application preferred by the petitioners u/s 227 of the Cr.P.C. has been dismissed.

Learned counsel for the petitioners has submitted that the main gist of the allegation against him is that vehicle was carrying coal relates to him was going to another place instead of the place it should have been going to.

Learned counsel for the petitioners has stated that in the case of Abhas Kumar Acksaria & Ors. Vs. The State of Bihar & Ors. (Cr.W.J.C. No. 33 of 1991(R) it has been held that deviation by the truck carrying coal to a place other than destination cannot be a criminal offence either under the Indian Penal Code or the Essential Commodities Act.

Learned counsel for the State has opposed the prayer made by the counsel for the petitioners but has not dispute the cited judgment.

In view of the submissions made and as prayed for also the proceeding in connection with S.T No. 497 of 2023 pending in the court of learned Additional Sessions Judge VI, Dhanbad is stayed by six weeks.

Meanwhile, LCR be called for.

List this case on 29.11.2024.

(Ratnaker Bhengra, J.) R.K/Nishant