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1980 Supreme(SC) 529

A.D.KOSHAL, S.MURTAZA FAZAL ALI
State Of Bihar – Appellant
Versus
Uma Shankar Ketriwal – Respondent


Judgment

KOSHAL, J.:- This is an appeal by special leave against an order dated the 6th November, 1979 of a learned single Judge of the Patna High Court quashing the entire proceedings in a criminal case against the 7 respondents who were facing a charge under Section 7 of the Essential Commodities Act in the Court of a Magistrate at Bhagalpur.

2. The case was initiated through a report lodged with the police on the 9th of April 1960 with the allegation that the respondents firm which held a licence for dealing in iron and steel had misappropriated a large quantity of G. C. sheets meant for distribution to quota and sub-quota holders. After investigation a police report was submitted on the 23rd December 1962 to a Bhagalpur Magistrate who took cognisance of the case on the 25th January 1963. However, the charge against the respondents was framed as late as 15th September 1967 and since then the progress of the case was very tardy as the orders passed therein were challenged in appeals or on the revisional side from time to time. Ultimately in 1979 the respondents made two applications to the High Court praying that the proceedings against them be quashed and the same were accepted th





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