Allowed

Ravindra Kumar Mishra @ Babloo v. State of Bihar

Patna HC24 Sept 2013CR. MISC./21827/2010

Case brief

AI extract

What is this about?

The High Court of Patna allowed the petitioner's application quashing criminal proceedings instituted for suspected black-marketing of wheat. The court observed that no offence was made out under the relevant acts as there is no limit of storage for wheat and no underlying case of theft.

What did the court decide?

Allowed; set aside the entire proceeding including the order of cognizance dated 4.5.2010.

Ravindra Kumar Mishra @ Babloo Vs State of Bihar — Writ and Judicial Review | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21827 of 2010

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	====================================================== Ravindra Kumar Mishra @ Babloo son of Shri Kanhai Mishra, resident of village Haripur, P.O. Shisho, P.S. Sadar Darbhanga, District Darbhanga .... .... Petitioner/s Versus State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Tuhin Shankar, Advocate Mr. Anupa Nand Jha, Advocate For the Opposite Party/s : Mr. Ajit Kumar, A.P.P. ======================================================
	CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
4	24-09-2013 The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 4.5.2010 passed by the Chief Judicial Magistrate, Darbhanga in Town P.S. case No.39 of 2005.
	The present First Information Report was instituted on suspicion that 83 bags of wheat loaded on a tractor-trailer were
	being carried for purposes of black-marketing. The driver and the
	owner of the tractor-trailer were mentioned as accused. During
	investigation, it transpired that the wheat belonged to the
	Petitioner, who had purchased it from somebody else. However, since the seller contradicted the same it was the Petitioner, who was proceeded against in the present prosecution. The submission of the Petitioner is that even conceding the
	allegations contained in the First Information Report and

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Patna High Court Cr.Misc. No.21827 of 2010 (4) dt.24-09-2013

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subsequently during investigation no offence whatsoever is made out since there is no limit of storage with regard to wheat under Section 7 of the Essential Commodities Act and there is no existence of a parent case of theft, in absence of which no offence under Section 414 I.P.C. is made out.

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The learned A.P.P. has gone through the case diary and does not deny the factual position.

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In view of such, the application is allowed and the entire proceeding including the order of cognizance dated 4.5.2010 passed by the Chief Judicial Magistrate, Darbhanga in Town P.S. case No.39 of 2005 is hereby set aside.

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(Anjana Prakash, J)

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Narendra/-

Ravindra Kumar Mishra @ Babloo v. State of Bihar

Case brief

What is this about?

What did the court decide?

Ravindra Kumar Mishra @ Babloo v. State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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