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1970 Supreme(Pat) 66

SHAMBHU PRASAD SINGH
NAKUL CHANDRA BANERJEE – Appellant
Versus
STATE – Respondent


Advocates appeared:
Messrs H. L. Agarwal and G. C. Bharuka for the Petitioners; Mr. S. Ali Ahmad for the State.

JUDGMENT :

SHAMBHU PRASAD SINGH, J.

The petitioners have filed this application under Section 561 A of the Code of Criminal Procedure for quashing, the proceeding pending in G.R. Case no. 434 of 1969 before the Sub-divisional Magistrate, Godda. Petitioners 2 and 3 are driver and cleaner respectively of a motor truck bearing no. B.R.W. 7105 and petitioner no. 1 is an employee of a firm M/S Sheoshanker Rice Mills of Deoghar.

2. It appears that on the 7th December, 1969, a first information was drawn up at Godda Police Station on the basis of a sanaha alleging, inter alia, therein that on the 6th December, 1969, the said truck was carrying paddy from Godda to Deoghar for M/S Sheoshanker Rice Mills without informing the authorities and obtaining their permission for transport of the paddy. It is not in dispute that permission was accorded to the truck to carry paddy once from Godda to Deoghar, but, according to the allegations in the first information report, that permission was being misused for making several trips. The police has not completed investigations as yet. G. R. Case DO. 434 of 1969 in the Court of the Sub-divisional Magistrate, Godda, has been registered merely on receipt of












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