1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 525 of 2024 ------ Sanatan Giri @ Sanatan Goswami, aged about 55 years, son of Late Shambhu Nath Giri, Residnet of Village Koeri Jamuwa, P.O. & P.S. Palajori, Sub Division Madhupur, District Deoghar (Jharkhand) ……Petitioner Versus The State of Jharkhand .…..Opp. Party ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioner : Mr. Anil Kr. Jha, Advocate For the State : Mr. Rajesh Kumar, A.P.P ------ Order No: 07/ Dated: 18.03.2025 This Criminal Revision Application has been filed on behalf of the petitioner by challenging the order dated 11.03.2024 passed by Shri Shyam Nandan Tiwari, learned Additional Sessions Judge-I, Madhupur (Deoghar) in Miscellaneous Criminal Application No. 31 of 2023 (arising out of S.T Case No. 281 of 2022) in connection with Palajori P.S Case No. 55 of 2015 by which the application filed on behalf of the petitioner for release of the call has been rejected. 2. Heard Mr. Anil Kumar Jha, learned counsel for the petitioner and Mr. Rajesh Kumar, learned counsel appearing on behalf of the State. 3 Learned counsel for the petitioner has submitted that the impugned order passed by the learned Court below is illegal, arbitrary and not sustainable in the eye of law. It is submitted that he had purchased the seized coal in question from Eastern Coalfields Limited, Chitra Colliery on 15.06.2015, 16.06.2015 and 26.06.2015 weighing 15.53 metric ton quantity, 15.51 metric ton and 19.95 metric ton respectively as contained in Annexure-3 series. However, the Court below without verifying the 2 Annexure-3 series, has rejected the application of the petitioner on the ground that the Court does not belong to Chitra Colliery. There is no report with regard to Annexure-3 series (i.e. Loading Advice Road Challan-cum-Coal Bill and Central Excise Despatch, Advice) which is submitted by the I.O. 4. It appears from the impugned order dated 11.03.2024 that the learned Court below has rejected the release of coal of the petitioner on the ground that the seized coal does not belong to Chitra Colliery. 5. Accordingly, the order dated 11.03.2024 passed by Shri Shyam Nandan Tiwari, learned Additional Sessions Judge-I, Madhupur (Deoghar) in Miscellaneous Criminal Application No. 31 of 2023 (arising out of S.T Case No. 281 of 2022) in connection with Palajori P.S Case No. 55 of 2015 is set aside and the case is remitted back to the learned Court below for passing a fresh order. 6. However, I.O is directed to verify the challan filed by the petitioner the entire investigation shall be completed within a period of three (03) months from the date of receipt of copy of this order. The Petitioner is further directed to file receipts and invoices before the learned Court below and the learned Court below shall verify the same from the authority concerned and pass the final order in accordance with law. 7. Then, this Criminal Revision No.525 of 2024 is allowed and remitted back to the learned Court below with the observation mentioned above. (Sanjay Prasad, J.) Avinash/