Petitioner challenged criminal proceedings for alleged irregularities in a fair price shop. The court allowed quashing due to insufficient material found in the case diary.
Quashing of the order of cognizance dated 3.10.2013 passed by the Chief Judicial Magistrate, Darbhanga, in Jale P.S. Case No. 57 of 2013.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4476 of 2014
Arising Out of Jale P.S. Case No.57, Year- 2013, Thana –JALE, District- DARBHANGA ====================================================== Parmeshwar Nayak Son Of Late Rajendra Nayak Resident Of Village - Rarhi, P.S.- Jalley, District - Darbhanga. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. A.K. Thakur, Adv. Mr. Amit Kumar, Adv. For the State : Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
3 11-08-2014 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 3.10.2013 passed by the Chief Judicial Magistrate, Darbhanga, in connection with Jale P.S. Case No. 57 of 2013.
The case of the Prosecution is that the Petitioner who was running a fair price shop committed certain irregularities and, therefore, he should be prosecuted in the Provision of Section 7 of Essential Commodities Act.
The case diary was called for to verify the allegations.
The learned Additional Public Prosecutor submits that no villager complained with regard to any irregularities in disbursement and in fact, it was only that some bags which were
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found on the Verandah had been checked whereas stocks inside the store house were not verified and it is on the basis of articles on the Verandah that it was concluded that there had been certain irregularities.
irregularities.
In view of the paucity of material to substantiate the allegations, the application is allowed and the entire proceeding including the order of cognizance dated 3.10.2013 passed by the Chief Judicial Magistrate, Darbhanga, in connection with Jale P.S. Case No. 57 of 2013 is, hereby, set aside.
S.Ali/-
(Anjana Prakash, J)
U T
1 issue framed by the court
Whether criminal proceedings under Section 7 of the Essential Commodities Act should be quashed due to paucity of material substantiating the allegations.
Parmeshwar Nayak
The State Of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
