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1988 Supreme(Pat) 268

RAM NANDAN PRASAD
Surendra Kumar Yadav – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioner figures as accused in Special Case No. 28 of 1983 under S.7 of the Essential Commodities Act (hereinafter referred to as the E.C. Act) and Ss.467, 468, 420 and 171 of the I.P.C. pending in the court of Special Judge (under the E.C. Act) Patna. After having appeared before the court he at first made a prayer for discharge on the ground that the materials on record do not make out any offence against him but this prayer was rejected by the learned Special Judge by his order dated 18-4-1984. Subsequently on 9-5-1984 the learned Special Judge purports to have explained the substance of accusations relating to the offences of the case to the accused and as the petitioner (accused) pleaded not guilty he ordered for summoning of the witnesses. Prayer in this application under S.482 of the Code of Criminal Procedure is for quashing this order dated 9-5-1984 as well as the order dated 18-4-1984. The petition also contains the prayer for quashing the entire criminal proceedings of this case.

2. The petitioner is a licenced public distribution ration shop keeper in Mohalla Golghar which is a locality of Patna town within Kotwali P. S. According to the prosecution cas



















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