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2010 Supreme(Pat) 637

RAKESH KUMAR
Pawan Kumar @ Pawan Kr. Agrawal – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Rakesh Kumar, J.

1. The sole petitioner, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, has prayed for quashing of entire criminal proceeding pending in the Court of Special Judge, Essential Commodities Act, Patna registered under Section 7 of the Essential Commodities Act vide Kadamkuan (Kankarbagh) PS Case No. 93 of 1993, corresponding to Special Case No. 26 of 1993. At the time of admission of the present case i.e. on 17.1.1996, it appears that sole ground for quashing of the entire prosecution was taken that after dropping of the confiscation proceeding in relation to the same occurrence whether criminal proceeding can be allowed to further proceed. The present petition was admitted by this Court by its order dated 17.1.1996. In view of the question raised by the petitioner, the single Bench of this Court referred the matter to Division Bench. While referring the case to Division Bench, this Court further directed that "in the meantime, further proceeding in Special Case No. 226 of 1983 arising out of Kadamkuan (Kankarbagh) PS Case No. 93 of 1993 in the Court below shall remain stayed."

2. Shri N.K.Agrawal, learned senior




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