Disposed

Amarjeet Kumar v. The State Of Bihar Through Home Secretary, Bihar, Patna and Ors.

Patna HC19 Feb 2024CR. WJC/1193/2017

Case brief

AI extract

What is this about?

A transporter of food grains for the Bihar State Food and Civil Supply Corporation sought quashing of an FIR under Sections 7/9 of the Essential Commodities Act alleging implication on conjecture and intact godown stock. The Court held that after filing of a charge-sheet the FIR cannot be quashed; the petitioner may seek discharge before the trial court.

What did the court decide?

No relief granted; petitioner left free to seek discharge under Section 239 Cr.P.C. before the trial court.

Amarjeet Kumar Vs The State Of Bihar Through Home Secretary… — Quashing and FIR | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1193 of 2017

¶2

Arising Out of PS. Case No.-281 Year-2017 Thana- TEKARI District- Gaya

¶3

======================================================

¶4

Amarjeet Kumar S/o Sri Arbind Saw, R/o Village Bakra, P.O.- Chorsua, P.S.Giriyak, District- Nalanda.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State Of Bihar Through Home Secretary, Bihar, Patna

¶8

The District Collector, Gaya, Bihar.

¶9

The Director General of Police, Bihar, Patna.

¶10

The Superintendent of Police, Gaya.

¶11

The District Manager, BSFC, Gaya, Bihar.

¶12

The Block Supply Officer, Gaya.

¶13

... ... Respondent/s

¶14

======================================================

¶15

Appearance : For the Petitioner/s : Mr. Krishna Mohan Mishra, Adv., Mr. Prasoon Kumar, Adv. For the Respondent/s : Md. Iqbal Asif Niaz, AC to GP-5

¶16

======================================================

¶17

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI

¶18

ORAL JUDGMENT

¶19

Date : 19-02-2024

¶20

Heard learned Advocate for the petitioner as well as learned APP for the State.

¶21

The petitioner is an authorized transporter of food grains belonging to the Bihar State Food and Civil Supply Corporation Limited, which was scheduled to be distributed under Public Distribution System, by virtue of a contract executed by and between the petitioner and the Bihar State Food and Civil Supply Corporation Limited on 9^th August, 2016. It was the duty of

¶22

Patna High Court CR. WJC No.1193 of 2017 dt.19-02-2024 2/5

¶23

the transporter to transport food grains being the essential commodities to F.C.I. godown.

¶24

The prosecution case as disclosed from the F.I.R., in brief, is that on 5^th July, 2017, Police recorded a statement of one Raju Kumar, driver of a Pickup Van, who used to work under the petitioner. It was ascertained from the statement of the said Raju Kumar that on the self same date, he went to the godown of F.C.I. to transport food grains, but he was informed that there was no food grain to be transported from the godown to any supplier on that particular date. Therefore, he drove the said vehicle to Kespa and loaded some cattles on the Pickup Van and transported the said cattles. The Police conducted a raid in one Maa Tara Rice Mill at Kespa and found huge quantity of food grains loaded in gunny bags with F.C.I. mark. The said food grains were seized. After seizure of the said food grains, it was presumed by Police that the carrier of the food grains, namely, Amarjeet Kumar, obviously transported the said food grains to Maa Tara Rice Mill, Kespa illegally and he was implicated in connection with Tikari P.S. Case No. 281 of 2017, dated 7^th July, 2017, under Sections 7/9 of the Essential Commodities Act.

¶25

The petitioner has filed the instant writ petition praying for quashing of the said F.I.R. alleging, inter alia ,that in

¶26

Patna High Court CR. WJC No.1193 of 2017 dt.19-02-2024 3/5

¶27

connection with Tikari P.S. Case No. 281 of 2017, the petitioner was implicated only on surmise and conjecture. There is absolutely no evidence against the petitioner that he employed pickup van under his control to transport food grains from F.C.I. godown illegally to a private rice mill. Moreover, the learned Advocate for the petitioner refers to page no.-67 of the instant writ petition, where from it is ascertained that Block Supply Officer, under the Bihar State Food and Civil Supply Corporation Limited, examined the stock of Tikari Godown and found the stock at intact with the supply which was sent to the said godown. Therefore, it is submitted by the learned Advocate for the petitioner that on one hand, there is no prima facie evidence against the petitioner that he transported food grains to any private rice mill at Kespa and secondly, the stock of goods were found intact in the godown. So no charge under Section 7/9 of the Essential Commodities Act lies against the petitioner.

¶28

By filing a counter affidavit, it is submitted on behalf of the respondent no. 4 that petitioner along with other accused persons were implicated in connection with the above mentioned Police case on the basis of a written complaint submitted by the Block Supply Officer. The investigation of the case was concluded and charge-sheet has been submitted against the accused persons

¶29

Patna High Court CR. WJC No.1193 of 2017 dt.19-02-2024 4/5

¶30

including the petitioner. It is needless to say that on filing of the charge-sheet, Court will presume that prima facie case against the petitioner has been established. An F.I.R. may be quashed due to the lack of prima facie case. If, there is insufficient evidence or material to establish a prima facie case against the accused, the Court may consider quashing the F.I.R. The absence of credible evidence or a lack of substance in the allegations can be a valid ground for seeking quashing.

¶31

In the instant case, the petitioner has not come forward by amending his prayer to quash the charge-sheet filed against him for absence of credible evidence. The petitioner has prayed for quashing the F.I.R. When the investigation of the case ends with the filing of the charge-sheet against the petitioner, he can pray for discharge under Section 239 of the Cr.P.C. on the ground that there is no material to frame charge against him. At this stage, after filing of the charge-sheet, F.I.R. cannot be quashed.

¶32

Therefore, this Court is not in a position to grant any relief in the instant writ petition to the petitioner. However, this order is passed while disposing of the instant writ petition only on the point of law without considering the materials in the case diary. It is for the learned Special Judge, E.C. Act, who will try the case

¶33

Patna High Court CR. WJC No.1193 of 2017 dt.19-02-2024 5/5

¶34

to consider the case diary to find out as to whether there is sufficient evidence against the petitioner or not, and if there is no sufficient evidence for proceeding with the trial against the petitioner, he is at liberty to discharge the petitioner in accordance with the provisions contained in the Cr.P.C.

¶35

With the above order, the instant writ petition is disposed of.

¶36

(Bibek Chaudhuri, J)

¶37

pravinkumar/-

¶38

AFR/NAFR CAV DATE Uploading Date Transmission Date

Amarjeet Kumar v. The State Of Bihar Through Home Secretary, Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

Amarjeet Kumar v. The State Of Bihar Through Home Secretary, Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Zafar Mohsin @ Raju Vs The State of Bihar through the Additional Chief Secretary, Department of Home, Bihar, Patna

Abinash Kumar Vs The State of Bihar

Pranav Shrivastava Vs The State of Bihar through the Principal Secretary, Home Department (Bihar)Bihar, Patna.

Chandan Kumar Rawat Vs The State of Bihar

Omi Devi Vs The State of Bihar through the Additional Chief Secretary, Department of Home, Bihar, Patna

Md. Faiyaz @ Faiyaj Alam Vs The State Of Bihar and Ors.