Dismissed
M/S Maa Parvati Coke Industries And Anr. v. State Thr SP CBI And Bharat Coki
Jharkhand HCCr.M.P./880/2011
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COURT OF JHARKHAND AT RANCHI Cr. M.P. No.…
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COURT OF JHARKHAND AT RANCHI Cr. M.P. No.…
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 880 of 2011
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Petitioner s : Mr. Rahul Kumar, Advocate Mr. Amritansh Vats, Advocate For the C.B.I. : Mr. Rajiv Nandan Prasad, Advocate For the B.C.C.L. : Mr. Anoop Kr. Mehta, Advocate ---
37 /16.12.2019 Heard learned counsel for the parties.
2. This petition has been filed for quashing of the First Information Report registered as RC-6(A)/2011-D dated 19.04.2011 under Section 120-B & 420 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, and for quashing of the entire investigation and proceedings that the Police/prosecution has initiated against the petitioners on the basis of the said First Information Report, which at present is said to be pending in the Court of Special Judge, C.B.I.-cum-A.D.J. 1st , Dhanbad. Subsequently, by way of filing one interlocutory application being I.A. No. 7999 of 2019 , the petitioners have further prayed for quashing of charge-sheet no. 4 dated 30.06.2012 filed in F.I.R. No. RC06(A)/2011-D and the order of cognizance dated 22.08.2012 taken under Section 120B read with Sections 420, 468 and 471 of the I.P.C. by learned court of S.D.J.M., Dhanbad. The said I.A. No. 7999 of 2019 has already been allowed by this Court vide order dated 03.09.2019.
3. After some argument, learned counsel for the petitioners seeks permission to withdraw this petition with a liberty to
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raise all the points which are available to them under law, before the learned court below at appropriate stage. The learned counsel further submits that withdrawal of this petition may not prejudice the case of the petitioners in any manner before the learned court below.
4. Learned counsel for the opposite party- C.B.I. has no serious objection to the prayer made by the learned counsel for the petitioners.
5. Accordingly, this criminal miscellaneous petition is dismissed as withdrawn with a liberty to the petitioners to raise all the points that may be available to them as per the law at appropriate stage before the learned court below and it is made clear that dismissal of this petition will not prejudice the case of the petitioners before the learned court below in any manner whatsoever.
6. Let a copy of this order be communicated to the learned court below through ‘FAX’.
(Anubha Rawat Choudhary, J.)
Pankaj
M/s. Maa Parvati Coke Industries
Sunil Kumar Sanwaria
State through S.P., C.B.I., A.C.B., Dhanbad
Bharat Coking Coal Ltd
Anubha Rawat Choudhary
As recorded by the court registry
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