Jharkhand High Court
M/S Apical Exim Private Limited vs State Of Jharkhand & Anr on 19 December, 2011
Author: R.R.Prasad
Bench: R.R.Prasad
In the High Court of Jharkhand at Ranchi
Cr.M.P.No.1806 of 2011
M/s. Apical Exim Private Limited. ..............Petitioner
VERSUS
State of Jharkhand and another ...........Opposite Parties
CORAM : HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioner :Mr.Rajesh Kumar
For the State :A.P.P
For the C.B.I :
3/ 19.12.11. Let the name of Mr.M.Khan, counsel for the C.B.I appear in the daily cause list.
Learned counsel appearing for the petitioner submits that on an allegation that the petitioner was transporting iron ore on the forged challan, Gua Bada Jamda P.S. Case no.28 of 2010 was instituted under Sections 467/468/471/420/120B of the Indian Penal Code as well as under Section 21 of the MMDR Act. Subsequently, C.B.I on the same allegation registered a fresh case being RC.No.7(S) of 2010-AHD-R, as a result of which, the petitioner is facing two prosecution for the same set of allegation and, therefore, the petitioner has moved this Court for quashing of the case registered by the C.B.I. However, C.B.I seeks time to seek instruction in the matter and to file counter affidavit to the effect as to whether on the same allegation the petitioner is being prosecuted by the district police and also by the C.B.I. As prayed for, let this matter be listed on 11.1.2012. Till then no coercive step shall be taken against the petitioner in connection with R.C.no.7(S) of 2010-AHD-R, pending in the court of Sub-divisional Judicial Magistrate-cum-Special Magistrate, CBI, Ranchi.
(R.R.Prasad, J.) ND/