IMPORTANT POINT
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.

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 suspicion. No offence punishable either under Section 188 of the Indian Penal Code or under Section 7 of the Essential Commodities Act, 1955 is made out against the petitioner. Admittedly, the petitioner was not present in his shop at the time of alleged occurrence. The petitioner was having chest pain and weakness and due to these reasons, he went for his treatment at Daltonganj and after treatment, the doctor advised him to take rest for 20 (twenty) days and because of COVID-19 outbreak, the petitioner was not in his shop. It is next submitted that no control order under Section 3 of the Essential Commodities Act, 1955 has been violated and in the absence of the same, the offence punishable under Section 7 of the Essential Commodities Act, 1955 is not made out against the petitioner. It is next submitted that there is no allegation of disobedience of any order promulgated by any public servant. Hence, no offence punishable under Section 188 of the Indian Penal Code is made out against the petitioner. It is also submitted that the allegation that the petitioner did not show the price-list in his shop cannot constitute the offence punishable under Section 7 of the Essential Commodities Act, 1955. Hence, it is submitted that 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 which is now pending before the learned S.D.J.M., Palamau, be quashed and set aside.

5. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner to quash and set aside 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 which is now pending before the learned S.D.J.M., Palamau and fairly submits that there is no allegation of any control order under Section 3 of the Essential Commodities Act, 1955 having been violated but it is submitted that the allegation constitute the offence in respect of which the cognizance has been taken by the learned Magistrate. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.

6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that from the plain reading of Section 7 of the Essential Commodities Act, 1955, makes it is crystal clear that the penalties envisaged under Section 7(1) of the said Act can only be imposed if and only if there is contravention of any order made under Section 3 of the said Act and the penalties under Section 7(2) can be imposed if a person to whom