This Criminal Miscellaneous Petition filed for quashing a cognizance order under Section 7 of the Essential Commodities Act was dismissed as the prima facie material was sufficient to sustain the Court below's conclusion.
Petition for quashing/dismissal under Section 482 Cr.P.C dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30779 of 2014
Arising Out of PS.Case No. -164 Year- 2013 Thana -DARBHANGA SADAR District-
DARBHANGA
======================================================
Binod Prasad Roy @ Binod Pd. Ray Son of Late Nathuni Rai Resident of village- Kapchhahi, P.S.- Bahadurpur (Sonaki), District- Darbhanga
.... .... Petitioner/s Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajendra Prasad Yadav, Advocate For the Opposite Party/s : Mr. Najir Ansari (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
3 26-07-2017
The instant petition has been filed for quashing the order dated 23.10.2016/25.11.2013 passed by the learned Chief Judicial Magistrate, Darbhanga in Sadar P.S. Case No. 165 of 2013 whereby learned court below has taken cognizance under Section 7 of the Essential Commodities Act.
Perusal of the order taking cognizance as also the FIR (Annexure 1) shows that there is sufficient material for the Court below to arrive at the prima facie conclusion regarding taking cognizance in the instant case.
In view of the aforesaid, no case for interference under Section 482 Cr.P.C is made out.
Accordingly, the case is dismissed.
(Madhuresh Prasad, J)
Prakash/U T
2 issues framed by the court
Whether the High Court should exercise its inherent powers under Section 482 Cr.P.C to quash the order of the Magistrate taking cognizance.
Whether the material on record is sufficient to sustain the prima facie conclusion for taking cognizance under Section 7 of the Essential Commodities Act.
2 provisions across 2 enactments
Binod Prasad Roy @ Binod Pd. Ray
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
