Dismissed

Ganesh Pd. Gupta v. The State Of Bihar

Patna HC3 Aug 2017CR. MISC./18038/2017

Case brief

AI extract

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The petitioner filed a criminal reference under Section 482 CrPC to quash an FIR registered under Section 7 of the Essential Commodities Act, alleging verification of his shop was done in his absence. The single judge observed that the allegations attracted the offence ingredients, holding it improper to direct the investigating officer as investigation is the statutory right of the police. The ap

What the court decided

AI extract

Ganesh Pd. Gupta Vs The State Of Bihar — Writ and Judicial Review | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.18038 of 2017

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Arising Out of PS.Case No. -87 Year- 2016 Thana -SAHAR District- BHOJPUR

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=========================================================== Ganesh Pd. Gupta, son of Late Satya Narayan Pd. Gupta, Resident of VillageSahar, P.S.- Sahar, District- Bhojpur.

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.... .... Petitioner Versus The State of Bihar. .... .... Opposite Party =========================================================== Appearance : For the Petitioner/s : Mr. B. P. Pandey, Sr. Advocate Mr. Awadesh Kumar Mishra, Advocate Mr. Ajay Kumar, Advocate For the State : Mr. Mukesh Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT

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Date: 03-08-2017

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Heard Mr. B. P. Pandey, learned Senior Advocate for the

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petitioner and learned Additional Public Prosecutor for the State.

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This application under Section 482 of the Code of Criminal Procedure has been filed for quashing of the first information report of Sahar P. S. Case No. 87 of 2016 registered under Sections 7 of the Essential Commodities Act.

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It has submitted by the learned Senior Advocate for the petitioner that the shop of the petitioner was verified in his absence and, hence, the points favourable to the petitioner could not be considered by the police before instituting the FIR. He has submitted that a direction be issued to the investigating officer to look into the documents, which are in possession of the petitioner so that his innocence in the matter may be proved.

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On query made by the Court, he has submitted that he is

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Patna High Court Cr.Misc. No.18038 of 2017 dt.03-08-2017

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not aware as to whether or not the investigation of the case has come

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to an end.

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I have perused the first information report. The allegations made therein do attract the ingredients of the offence alleged.

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Since the allegations made in the FIR constitute ingredients of the offence punishable under Section 7 of the Essential Commodities Act, I do not think it proper to issue any direction to the investigating officer to hold investigation in the case in any particular manner for the simple reason that to hold investigation into a cognizable offence is the statutory right of the police and at this stage the Court has no role to play.

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In that view of the matter, I see no merit in this application. It is dismissed, accordingly.

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However, if so advised, the petitioner would be at liberty to adduce evidence in his defence at appropriate stage of the proceeding before the trial court.

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(Ashwani Kumar Singh, J.)

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Kanchan/-
AFR/NAFR NAFR
CAVDATE NA
UploadingDate 04.08.2017
Transmission Date 04.08.2017

Ganesh Pd. Gupta v. The State Of Bihar

Case brief

What is this about?

What the court decided

Ganesh Pd. Gupta v. The State Of Bihar

Case brief

What is this about?

What the court decided

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