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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Kameshwar Singh Son of Late Jagdish Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. facts of the case and seizure details. (Para 2 , 3) |
| 2. arguments regarding motives and legality of the case. (Para 4 , 5) |
| 3. court observations on prior case law. (Para 7 , 8 , 9) |
| 4. application of legal guidelines leading to case dismissal. (Para 10) |
| 5. final conclusion and order to quash proceedings. (Para 11 , 12) |
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
1.Heard learned counsel appearing on behalf of the parties.
2. The present application has been filed for quashing the order dated 22.09.2022 passed by the learned S.D.J.M., Bhojpur at Ara in G.R. No. 55/2021, whereby and where under the petition filed under Section 239 Cr.P.C. (discharge) by the petitioner dated 30.03.2022 was heard and rejected without considering the fact that petitioner’s was not a P.D.S. dealer at the time of lodging FIR for the offences punishable under Section 7 of Essential Commodities Act.
3. Prosecution case in brief is that on 24.6.2020, villager of Piparahiya gave a telephonic information to the local police station that one Bishnu Gupta who is going with Luna vehicle loaded the grain bags deposed that he purchased the rice from the petitioner i.e. total of 150 Kg, which was the articles of Esse
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.
Prosecution under the Essential Commodities Act cannot lie against a private individual who is not a PDS dealer, as established by legal precedents regarding stock limits and the nature of essential ....
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