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2023 Supreme(Jhk) 907

SANJAY KUMAR DWIVEDI
Niranjan Kumar Sah – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Saurabh Shekhar, Advocate, Mr. Aman Dayal Singh, Advocate
For the Respondent: Mr. Devesh Krishna, S.C. (Mines)-III Mr. Faisal Allam, A.C. to S.C. (Mines)-III

JUDGMENT :

Heard Mr. Saurabh Shekhar assisted by Mr. Aman Dayal Singh, learned counsel for the petitioner and Mr. Devesh Krishna assisted by Mr. Faisal Allam, learned counsel for the State.

2. This petition has been filed for quashing the entire criminal case arising out of FIR being Mahagama P.S. Case No.222 of 2022, dated 03.11.2022, registered for the offences under Sections 272, 273, 419 and 420 of the Indian Penal Code along with Section 52/59/63 of the Food Safety and Standard Act, 2006 (herein after to be referred to as the 'Act, 2006), pending in the court of the learned Judicial Magistrate, 1st Class, Godda. So far as prayer no.(ii) made in this petition with regard to direction to the respondents to release the entire food and edible items (including non-edible Mahuwa oil), Mr. Saurabh Shekhar, learned counsel for the petitioner is not pressing prayer no.(ii) in view of the order passed by the revisional court, whereby, the seized articles have been directed to be released in favour of the petitioner.

3. The FIR being Mahagama P.S. Case No.222 of 2022 has been lodged under Section 154 Cr.P.C. on 03.11.2022. The incident of offence has been noted as “Running of Factory of

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