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ANIL KUMAR CHOUDHARY
Ramjanam Ram – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the charge-sheet No.33 of 2020 dated 10.09.2020 and the order dated 12.10.2020 passed by learned S.D.J.M., Palamau in connection with Ramgarh P.S. Case No.20 of 2020 corresponding to G.R. No.1832 of 2020 registered for the offence punishable under Section 188 of the Indian Penal Code and Section 7 of the Essential Commodities Act, 1955 and the said case is now pending before the learned S.D.J.M., Palamau.
3. The brief facts of the case is that the petitioner being a shopkeeper under the Public Distribution System, could not provide rice to half of the cardholders as the stock of rice was finished and the petitioner fled away from his office. Police after investigation of the case, submitted charge-sheet alleging commission of the offence punishable under Section 188 of the Indian Penal Code and Section 7 of the Essential Commodities Act, 1955.
4. Learned counsel for the petitioner submits that the case has been instituted against the petitioner on the basis of mere
The court ruled that without a written complaint from a public servant, the cognizance of offences under IPC and Essential Commodities Act was illegal, leading to the quashing of the charge-sheet.
Cognizance under IPC Sections 379 and 414 upheld due to specific allegations, while cognizance under Section 7 of the Essential Commodities Act quashed for lack of control order violation.
The absence of a valid notification/order under section 3 of the Essential Commodities Act prohibits prosecution and conviction under section 7, and the continuation of proceedings without such notif....
The necessity of a notification/order under section 3 of the Essential Commodities Act for prosecution and subsequent conviction under section 7.
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