A special court today framed a "separate charge" for the alleged offence of cheating against accused firm Jharkhand Ispat Pvt Ltd (JIPL) in a coal blocks allocation scam case.
The court said that at the time of framing of charges earlier against JIPL and its two directors, R C Rungta and R S Rungta, who are also accused in the case, no "substantive charge" for offence under section 420 (cehating) of IPC was framed against the firm "even though the same was prima facie made out from the facts and circumstances of the case".
"Keeping in view the overall facts and circumstances of the case, a separate charge for the offence under section 420 IPC has been framed against accused M/s JIPL to which the AR (authorised representative) of the company pleaded not guilty and claimed trial," Special CBI Judge Bharat Parashar said.
The court noted that earlier charges for alleged offences under sections 120-B (criminal conspiracy), 467 (forgery of a valuable security), 468 (forgery for the purpose of cheating), 420 (cheating) and 471 (using as genuine a forged document) of IPC were framed against all the accused persons.
As the court framed separate charge against the firm, the counsel, appearing for JIPL, contended that the accused might be prejudiced by it.
The court, however, clarified, "it is directed that the accused shall be at liberty to point out as to in what manner, if any, they stand prejudiced by this addition of charge and thereafter the said issue will be decided as per law as and when raised".
JIPL's counsel also said that the court should exercise its power under CrPC to amend the charge of conspiracy framed against the firm earlier.
To this, the court said, "such a contention does not arise at all now" as this issue has already been dealt with by it.
The case has been fixed for commencement of recording of prosecution evidence from June 3.
JIPL and its two directors are accused of securing allotment of North Dhadu coal block in Jharkhand allegedly on the basis of false and forged documents.
