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2019 (6) TMI 1671 - HC - Indian LawsCriminal Conspiracy - fabrication of documents by obtaining invoices from various firms in order to pass off the said iron ore to show that the same has been procured from legal sources - HELD THAT:- It is well settled law that once first information report is registered, the accused can always approach this Court by filing a petition under Section 482 of the Code of Criminal Procedure. A Two Judge Bench of this Court in the case of ‘STATE OF HARYANA AND ORS VS CH. BHAJAN LAL AND ORS’, [1990 (11) TMI 386 - SUPREME COURT] after taking note of the decisions in the cases of HAZARI LAL GUPTA VS RAMESHWAR PRASHAD & ANR [1971 (12) TMI 125 - SUPREME COURT], dealt with the contour of exercise of inherent powers of the High Court under Section 482 of the Code. The view taken by the Supreme Court has been reiterated in the case of BHAJAN LAL. From the material available on record, it is evident that the petitioner herein being partner of M/s. S.B.Logistics in conspiracy with accused Nos.4, 5, 10, 11 and 16 supplied 20,000 metric tones of illegal iron ore to M/s SMSPL during the year 2009-10. The principal allegation against the petitioner is that he had supplied iron ore without possessing valid permits issued by authorized Government agency. The activities of the petitioner in conspiracy and connivance with the other accused persons have caused wrongful loss of more than 90 crores to the Government exchequer and corresponding wrongful gain to the accused persons including the petitioner - The petitioner admittedly has filed an application under Section 239 of the Code for his discharge, which has been rejected by an order dated 03.10.2018. However, in the instant case, there is ample material on record against the petitioner. Thus, it is evident that the charges against the petitioner are not the same. Therefore, the contention that the second charge sheet has been filed for the same offence also does not deserve acceptance - no case for exercise of inherent powers under Section 482 of the Code is made out - petition dismissed.
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