Chandra Shekhar Jha, J.—Heard Mr. Rana Vikram Singh, learned counsel appearing for the petitioner and Mr. Parmeshwar Mehta, learned A.P.P. for the State duly assisted by Mr. Shailendra Kumar Singh, learned counsel for the O.P. No. 2/B.S.F.C.

2. The present application has been filed by the petitioner for setting aside the order dated 15.12.2023 passed by 9th/3rd Additional District and Sessions Judge, Madhubani in Criminal Revision No.274 of 2023, whereby the learned trial court has affirmed the order dated 21.09.2023 passed by learned Sub Divisional Judicial Magistrate, Jhanjharpur and rejected the revision application of the petitioner as well as for quashing the cognizance order dated 21.09.2023 passed by learned Sub Divisional Judicial Magistrate, Jhanjharpur, through which learned Jurisdictional Magistrate has taken cognizance under Sections 409, 420 and 120-B of the Indian Penal Code (in short ‘I.P.C.’) and Section 7 of the Essential Commodities Act, 1955 (in short ‘E.C. Act’) in connection with Ghoghardiha P.S. Case No.51 of 2019 registered for the offence punishable under Section 409/34 of the I.P.C. and Section 7 of the E.C. Act.

3. The prosecution, in short, that one Om Prakash, Assistant Manager of the State Food Corporation (in short “Corporation”) filed a fardbeyan on 09.05.2019 before the Officer-in-Charge of Ghoghardiha Police Station stated therein that on 08.05.2019, seven trucks loaded with Custom Milled Rice (in short ‘CMR’) from Ghoghardih Godown were handed over to Shri Kumud Kumar Pandey, the representative of Manoj Kumar Singh (petitioner), the Logistic Contractor (Chief). It is further stated that all seven trucks loaded with 4700 bags weighing 2350 quintals of CMR were to be delivered to different godowns of the Corporation in that area but, they were not delivered within the specified time. It is further stated that the Logistic Contractor embezzled all the CMR during transportation in connivance with his representative and drivers.

4. On the basis of aforesaid fardbeyan, the present First Information Report (in short ‘F.I.R.’) was registered against the petitioner and others for the alleged offences punishable under Section 409/34 of the I.P.C. and Section 7 of the E.C. Act and it was registered as Ghoghardiha P.S. Case No.51 of 2019 dated 09.05.2019.

5. Mr. Rana Vikram Singh, learned counsel appearing for the petitioner while arguing this matter submitted that on the day of occurrence i.e. on 08.05.2019 petitioner had gone to Bangalore for the admission of his son in Engineering College and he was completely unaware about the alleged incidence/occurrence. It is submitted that the informant himself in connivance with the employee of the petitioner without having knowledge of the petitioner misappropriated the alleged consignment of food-grains (CMR) and make petitioner himself as a victim of the circumstances. It is pointed out that when the occurrence came into the knowledge of the petitioner by his representative, he immediately came back from Bangluru and made inquiry at his personal level. On his own effort, the petitioner recovered all seven trucks and 1777 quintals of rice, which was handed over to the Department but, despite of same, the investigating agency after completion of investigation, submitted Charge-sheet No.80/2019 dated 31.07.2019 and sent up this petitioner for trial, making him as one of the accused of the occurrence.

6. Mr. Rana Vikram Singh, further submitted that the District Magistrate, Madhubani also got the matter inquired and clearly opined that there was a clear conspiracy in which officials of the Corporation were found involved and, therefore, a separate F.I.R. was also lodged against the officials and, accordingly, disciplinary proceedings were initiated against the officials of the Corporation. It is submitted that as delivery of rice was made by the Corporation at about 8 P.M. i.e. beyond the working hours and Global Positioning System (in short ‘G.P.S.’) and tracking dev