( 2025:JHHC:17076 ) 1 Cr. M.P. No.2816 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2816 of 2024 ------ 1. Vijay Singh @ Vijay Kumar Singh, aged about 58 years, son of late Rajdeo Singh, resident of village-Main Road Phusro, P.O.-Phusro @ P.S.-Bermo, District-Bokaro, State-Jharkhand. 2. Baldeo Mahto @ Dhaneshwar, aged about 59 years, son of late Dineshwar Mahto, resident of village-Awadh Cinema Hall Phusro, P.O. Phusro & P.S.-Bermo, District-Bokaro (Jharkhand). … Petitioners Versus The State of Jharkhand … Opposite Parties ------ For the Petitioners : Ms. Shruti Shrestha, Advocate For the State : Mr. Pankaj Kr. Mishra, Addl.P.P. ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with a prayer to quash and set aside the FIR along with the order taking cognizance dated 12.02.2024 passed by learned Additional Chief Judicial Magistrate, Pakur whereby and where under the learned Additional Chief Judicial Magistrate, Pakur has taken cognizance of the offences punishable under Section 30(2) of the Coal Mines (Nationalization) Act against the petitioners as the said Coal Mines (Nationalization) Act has been repealed vide the Repealing and Amending (Second) Act, 2017, Act No.4 of 2018 published in the Gazette of India Extraordinary Part-II, Section-1 dated 08.01.2018, PAUSHA 18, 1939 (SAKA) internal page 5 at Serial No.3 against the year 1973, the name of the ( 2025:JHHC:17076 ) 2 Cr. M.P. No.2816 of 2024 Coal Mines (Nationalization) Act, 1973 has been stated to have been repealed in terms of Section 2 of the said Repealing and Amending (Second) Act, 2017, hence, it is submitted that the cognizance having taken by the learned Additional Chief Judicial Magistrate, Pakur on 12.02.2024 in respect of an offence which has been repealed prior to institution of the FIR as the FIR was instituted on 07.09.2023, hence, the prayer as prayed for by the petitioners, in this Cr.M.P., be allowed. 3. 3. Learned Addl.P.P. appearing for the State submits that in fact, the Coal Mines (Nationalization) Act, 1973 has been repealed and the Hon’ble President of India has given his assent to the same on 05.01.2018, hence, on and from 05.01.2018, the Coal Mines (Nationalization) Act, 1973 is no more in force, therefore, the State has no objection for quashing the FIR along with the order taking cognizance dated 12.02.2024 passed by learned Additional Chief Judicial Magistrate, Pakur. 4. 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 the said cognizance order dated 12.02.2024 is not sustainable in law as by the said order, the learned Additional Chief Judicial Magistrate, Pakur has taken cognizance of a non-existent penal provision of law; which ceased to exist on and from 05.01.2018, on which date the Hon’ble President of India has given his assent to the Repealing and Amending (Second) Act, 2017, Act no.4 of 2018. 5. Accordingly, FIR along with the order taking cognizance dated 12.02.2024 passed by learned Additional Chief Judicial Magistrate, Pakur, is quashed and set aside. ( 2025:JHHC:17076 ) 3 Cr. M.P. No.2816 of 2024 6. In the result, this Cr.M.P., stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 24th of June, 2025 AFR/ Abhiraj