News Citation : 2026 LN (HC) 26
Ranchi, January 08, 2026 : The Jharkhand High Court has quashed criminal proceedings against a truck driver accused of illegally transporting coal, holding that the prosecution had no real chance of securing a conviction once the ownership and documentation of the coal were found to be genuine.
The order was passed by Justice Anil Kumar Choudhary while deciding a criminal miscellaneous petition filed by Mithilesh Kumar, a 34-year-old driver from Arwal district in Bihar. Kumar had approached the High Court seeking quashing of the entire criminal case registered against him in Bokaro, including the charge sheet and the order by which a magistrate had taken cognisance of offences under the Indian Penal Code, the Mines and Minerals (Development and Regulation) Act, and the Coal Mines Act.
The case arose from Chas Muffasil police station in Bokaro, where authorities alleged that the truck driven by Kumar was carrying around 45 tonnes of illegally excavated and stolen coke dust. On this basis, police filed a charge sheet and the Sub-Divisional Judicial Magistrate, Bokaro, took cognisance of the alleged offences.
During the hearing, counsel for the petitioner pointed out that the investigation itself had revealed a different picture. A report submitted by the investigating officer confirmed that the ownership documents produced by Jagdish Prasad Agrawal were physically verified and found to be valid. Following this verification, the seized coal was released in favour of the owner. The defence also relied on a tax invoice showing that the coal was being transported from Abhiyan Coal and Coke LLP to Hira Ferro Alloys Ltd. in Raipur, indicating that the consignment was lawful.
The State opposed the quashing plea but conceded that, upon verification, the ownership claim over the coal had been found genuine. Taking note of this undisputed position, the High Court observed that the coal transported by the truck was supported by valid documents and that the police themselves had accepted the authenticity of the invoice and ownership papers.
Justice Choudhary held that in these circumstances, the chances of the petitioner’s conviction were “remote and bleak” and that allowing the criminal case to continue would amount to an abuse of the process of law. The Court accordingly set aside the charge sheet, the cognisance order dated November 1, 2022, and all consequential proceedings pending before the Bokaro court.
With this ruling, the criminal miscellaneous petition was allowed, bringing an end to the prosecution that had been pending against the driver since 2022.
Case Reference: Cr.M.P. No. 3435 of 2024, Mithilesh Kumar v. State of Jharkhand; Counsel for the Petitioner: Mr. Soumitra Baroi, Advocate; Counsel for the State: Mr. Shailesh Kr. Sinha, Addl. P.P.
