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ANIL KUMAR CHOUDHARY
Mukesh Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding including the order dated 07.08.2023 by which cognizance has been taken for the offences punishable under Section 379/414 of the Indian Penal Code and under Section 7 of the Essential Commodities Act, in connection with Bishungarh P.S. Case No. 185 of 2022, pending in the court of learned Sub Divisional Judicial Magistrate, Hazaribagh.
3. The brief facts of the case is that the Supply Inspector, Bishungarh, on getting information from Supply Inspector, Hazaribagh that the truck bearing Registration No. JH02-AN 8540 loaded with illegal rice has been caught, found that the rice loaded in the said truck was to be used in Public Distribution System but the same was illegally transported for the purpose of black-marketing. The petitioner no.3 was the driver of the said vehicle and he informed that the rice belonged to the petitioner no.1. No valid documents could be shown by the petitioners. The rice weighed 232.20 quintals. Upon submission of the written report
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 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.
Procedural lapses in FIR registration render subsequent search and seizure invalid, emphasizing the importance of following legal protocol in criminal actions.
Mandatory registration of FIR is required for cognizable offences, and failure to adhere to this process invalidates subsequent legal actions.
Section 7 of the Essential Commodities Act is attracted only when there is a contravention of the provisions of any order issued under Section 3. The prosecution under Section 7 cannot be sustained i....
Mandatory registration of FIR is required for cognizable offences, and unlawful seizure of goods without proper procedure contravenes established legal principles.
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