( 2026:JHHC:24708 ) 1 Cr. M.P. No.882 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.882 of 2025 ------ 1. P.M. Prasad @ Polavarapu Malikharjuna Prasad, aged about 60 years, S/o Polavarapu J. Rao, residing at 59-A-11/1, 2nd Cross Road, K.P. Nagar, Vijaywada (Urban), Krishna, VJ Polytechnic, P.S.-Machavaram, District-Vijayawada (Andhra Pradesh) PIN 520008, presently posted as Chairman-cum-Managing Director, Coal India Limited, Coal Bhawan, P.O. + P.S.-Newtown, Rajarhart, Dist.-Kolkata-700156 (West Bengal). 2. Vijay Kumar, aged about 36 years, S/o Mohal Lal residing at Sawang Officer Colony, PO-Sawang, P.S.-Gomia, District-Bokaro, PIN-829128 (Jharkhand). … Petitioners Versus 1. The State of Jharkhand 2. Forest Range Officer, Pakur Forest Range, PO+PS- Pakur & District- Pakur (Jharkhand). … Opposite Parties ------ For the Petitioners : Mr. Amit Kumar Das, Sr. Advocate Mr. Sankalp Goswami, Advocate For the State : Mr. P.K. Chatterjee, Spl. 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 BNSS, 2023 with the prayer to quash and set aside the entire criminal proceeding in connection with Complaint Case No.288 of 2020 including the order ( 2026:JHHC:24708 ) 2 Cr. M.P. No.882 of 2025 dated 30.11.2022 passed by the learned S.D.J.M, Pakur whereby and where under the learned Magistrate has found prima facie case for the offences punishable under Section 42 of the Indian Forest Act, 1927 and Rule 18 of the Jharkhand Forest Produce (Regulation of Transportation) Rules, 2020 and directed for issuance of summons and the said case is now pending in the court of learned S.D.J.M., Pakur. 3. The brief fact of the case is that the Forest Range Officer, Pakur filed a complaint alleging therein that the truck bearing registration no.JH-02-AN-9529 loaded with coal was passing through the forest area without the Forest Transit Permit Letter issued by the Competent Authority. On the basis of the Crime Report and Prosecution Report, the learned S.D.J.M., Pakur took cognizance of the offences which has already been indicated above. 4. Learned counsel for the petitioners submits that even if the entire allegations made against the petitioners in the complaint are considered to be true in their entirety still no offence punishable under Section 42 of the Indian Forest Act, 1927 or Rule 18 of the Jharkhand Forest Produce (Regulation of Transportation) Rules, 2020 is made out against the petitioners. It is next submitted that the seized truck loaded with coal, belongs to M/s Aanshi Traders, Village-Hazari, Patwa, PO-Swang, PS- Gomia, Bokaro; with which the petitioners are in no way concerned nor the said truck has any concern with the Central Coalfields Limited. It is next submitted that M/s Aanshi Traders is the purchaser of the coal from the Central Coalfields Limited and it is for the purchaser to obtain the ( 2026:JHHC:24708 ) 3 Cr. M.P. No.882 of 2025 Transit Permit Letter and not for the petitioners because the moment Central Coalfields Limited sells coal, the responsibility of the Central Coalfields Limited in respect of the sold coal ceases, hence, it is submitted that the continuation of this criminal proceeding against the petitioners will amount to abuse of process of law. Therefore, it is submitted that the prayer, as prayed for in this Cr.M.P., be allowed. 5. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioners made in the instant Cr.M.P. and submits that the Department of Forest, Environment and Climate Change, Government of Jharkhand by its letter to the Chairman- cum-Managing Director (C.M.D), Central Coalfields Limited has intimated that coal in any form, is a forest produce and the forest produce transit fee is applicable on coal as per the provisions contained in Jharkhand Forest Produce (Regulation of Transportation) Rules, 2020 and the seized truck was carrying coal which was mined from Swang Colliery of Central Coalfields Limited in the district of Bokaro. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed. 6. 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 petitioners has been implicated in this case only because the petitioner no.1 is the C.M.D. and the petitioner no.2 is the Assistant Manager (Mining), Swang Colliery of the Central Coalfields Limited; even though no overt act has been attributed to them and Central Coalfields Limited itself has not been arrayed as an accused ( 2026:JHHC:24708 ) 4 Cr. M.P. No.882 of 2025 in this case and there is no material in the record to suggest that Central Coalfields Limited was to procure the Permission Letter from the Divisional Forest Officer (D.F.O). 7. Under such circumstances, this Court is of the considered view that the continuation of this criminal proceeding against the petitioners against whom no specific allegation of indulging in any act or omission, in his personal capacity has been alleged, will amount to abuse of process of law. Therefore, this is a fit case where the entire criminal proceeding in connection with Complaint Case No.288 of 2020 including the order dated 30.11.2022 passed by the learned S.D.J.M, Pakur, as prayed for by the petitioners, be quashed and set aside. 8. Accordingly, the entire criminal proceeding in connection with Complaint Case No.288 of 2020 including the order dated 30.11.2022 passed by the learned S.D.J.M, Pakur, which is now pending in the court of learned S.D.J.M., Pakur, as prayed for by the petitioners, is quashed and set aside qua the petitioners only. 9. In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 17th of August, 2026 AFR/ Abhiraj Uploaded on 18/08/2026