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2010 Supreme(Pat) 2655

RAKESH KUMAR
Shiv Shankar Sao – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Rakesh Kumar, J.

1. The sole Petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated, 14th October, 1999 passed by Special Judge, Essential Commodities Act, Buxar in E.C. Case No. 10 of 1998. By the said order, learned Special Judge has rejected the discharge petition of the Petitioner.

2. Short fact of the case is that on the basis of fardbeyan of one Shiv Nath Paswan, driver of a Tractor, an FIR vide Simri P.S. Case No. 92 of 1998 was registered under Section 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act. It was disclosed by the informant that his co-villager had asked him to carry out 19 bags of wheat and 8 bags of rice to Brahampur Mill, which he had purchased from one Shiv Shankar Sao @ Khatai Sao. Thereafter, while he was carrying the said bags of wheat and rice, police party intercepted the Tractor and food grains kept in the bags, having label of B.S.F.C, were seized by the police. Informant had disclosed that even the bags were loaded on his Tractor as per the direction of this Petitioner. It was claimed in the FIR that food grains, w









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