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CHANDRA SHEKHAR JHA
Md. Qaiyum – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—Heard learned counsel appearing for the petitioners and learned APP for the State.
2. The present application has been filed by the petitioners for quashing of the order dated 21.07.2022 passed by learned Sub-divisional Judicial Magistrate, Kishanganj in connection with Sukhani P.S. Case No.18 of 2018 and S.G.R. No.1741 of 2018, whereby the learned jurisdictional Magistrate has taken cognizance for the offences punishable under Sections 413, 414, 467 of the Indian Penal Code (in short ‘IPC’) and Section 7 of the Essential Commodities Act (in short ‘E.C. Act’) and also by the same order, charges were framed against the petitioners.
3. The case of prosecution set out against the petitioners, inter alia, is that on 12.09.2018 at about 12:45 P.M., the Block Supply Officer namely, Amit Kumar Singh, Thakurganj has submitted a written report to the S.H.O. Sukhani Police Station, Thakurganj alleging therein that after reaching at Sabodangi Chowk, the informant found that a truck bearing Registration No.WB59A4055 was intercepted by the Sukhani Police Officers. On verification, it was found that the wheat bags were loaded in the truck and gunny bags were printed with th
The court ruled that when the allegations do not constitute a cognizable offence and the accused lacks the necessary legal status, quashing of proceedings is warranted.
Mandatory registration of FIR is required for cognizable offences, and failure to adhere to this process invalidates subsequent legal actions.
Procedural lapses in FIR registration render subsequent search and seizure invalid, emphasizing the importance of following legal protocol in criminal actions.
Section 7 of the Essential Commodities Act is attracted only when there is a contravention of the provisions of any order issued under Section 3. The prosecution under Section 7 cannot be sustained i....
Mandatory registration of FIR is required for cognizable offences, and unlawful seizure of goods without proper procedure contravenes established legal principles.
Court is not entitled to embark upon an enquiry as to whether the evidence in question, collected during investigation is reliable or not, which is the function of trial court.
The prosecution must prove that the accused violated the provisions of the relevant order, and in the absence of statutory presumption, factual presumption should not be drawn.
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