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2023 Supreme(Ori) 102

R. K. PATTANAIK
Bikash Kumar Agrawal – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
Trilochan Nanda, Advocate, P.K.Rout, Advocate

JUDGMENT

R.K. Pattanaik, J. - Invoking inherent jurisdiction of this Court, the petitioner has challenged the impugned order dated 12th September, 2014 (Annexure-1) passed in G.R. Case No. 655 of 2012 by the learned SDJM, Bolangir whereby an application under Section 239 Cr.P.C. filed by him seeking discharge in respect of the offence under Section 7 of the Essential Commodities Act (herein after referred to as 'the E.C.Act') was rejected and also the entire of the criminal proceeding on the grounds stated therein.

2. In fact, an F.I.R. was drawn by the S.I. of police of Bolangir Sadar P.S. with regard to an incident dated 13th September, 2012, consequent upon which, a case under Section 7 of the E.C. Act was registered showing the driver of the vehicle in question in which the fertilizer bags were being transported and two others as the accused persons. On completion of investigation, the local police submitted the chargesheet against the petitioner and also the driver under the alleged offence. Finally, at the stage of framing of charge, the petitioner moved the application under Section 239 Cr.P.C. seeking discharge but as earlier mentioned, it was rejected vide the impugned order

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