TMI Blog2019 (6) TMI 1671X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - CRIMINAL PETITION NO.7847 OF 2018 - - - Dated:- 3-6-2019 - HON BLE MR. JUSTICE ALOK ARADHE FOR THE APPELLANT : MR. HASHMATH PASHA, ADV. FOR THE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner and 17 other accused persons. Thereafter, on further investigation, a supplementary charge sheet was filed on 20.12.2013 as against the petitioner and 52 others for offences under Sections 120-B, 409, 420, 434, 447, 468 and 471 of the IPC. 5. It is the case of the prosecution that the petitioner entered into a criminal conspiracy with various other accused persons and purchased 1.62 lakh metric tones of illegal iron ore which was sourced from accused Nos.4, 5 and 11 and the aforesaid iron ore was excavated without valid permits. The investigation further revealed that accused Nos.4, 5, 10, 16 and 17 supplied 20,000 metric tones of illegally excavated and transported iron ore to M/s. SMS Private Limited. It is further stated in the charge sheet that accused persons had fabricated 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. The petitioner filed an application under Section 239 of the Code before the Special Judge on the ground that he has been made accused in Spl.C.C.No.135/2005 and initiation of second case in respect of similar transaction would amount to breac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in DULICHAND LAXMINARAYAN Vs. COMMR., OF INCOME TAX, NAGPUR AIR 56 SC 354, COMPTROLLER AND AUDITOR GENERAL Vs. KAMLESH VADILAL MEHTA (2003) 2 SCC 349, TANNA AND MODI Vs. CIT, MUMBAI XXV (2007) 7 SCC 434. It is further submitted that the decision rendered in STANDARD CHARTERED BANK, supra has no application to the obtaining factual matrix of the case as the Supreme Court in the aforesaid decision was dealing with the issue whether a company or corporate body could be prosecuted for offences for which sentence of imprisonment is a mandatory punishment. While referring to the charge sheets in both the special cases, it is submitted that the allegations leveled against the petitioner in both the cases are different. It is further submitted that even in B report filed by the CBI, Chennai, the fact has been taken note of that matter pertaining to excavation of all illegal quantity of iron ore has been taken care of by the CBI, Bengaluru. It is further submitted that charges leveled against the petitioner in both the cases are discharged and since the application for discharge has already been rejected, therefore, no interference is called for in exercise of inherent powers under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CC 779. The illustrations read as under: (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 55 of the Code (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g with the question whether a company or a corporate body could be prosecuted for offences for which sentence of imprisonment is a mandatory punishment, which is evident from para 4 of the report. Therefore, the aforesaid decision, by no stretch of imagination can be considered to be an authority for the proposition that the term corporate body would include even a partnership firm. The aforesaid submission is therefore sans substance. Similarly, the contention that the second charge sheet has been filed against the petitioner in respect of the same offence does not deserve any acceptance as in first and second charge sheets, following allegations have been made which are reproduced below for the facility of reference: 4. That Shri K.Janardhan Reddy (A-17), Partner, M/s. S.B.Logistics in conspiracy with Shri B.Nagendra (A-10), Shri Kuruba Nagaraj (A-16), Shri G.Janardhana Reddy (A-4), Shri Alikhan (A-5), Shri Anand Singh (A-11) had supplied 20000 MTs illegal iron ore to M/s SMSPL during the period 2009-10. The said iron ore was transported from SBM Plot P.K.Halli (5041.14 MTs), Kiran Enterprises (MRK Plot) Bevinahalli (10897.99 MTs) and SVK Plot Vyasanakere Belekere (4073 MTs) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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