Patna High CourtCR. MISC./4245/2023disposed

Rewat Paswan v. The State Of Bihar

2023-09-14Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4245 of 2023 Arising Out of PS. Case No.-114 Year-2017 Thana- PAKARIBARAW District- Nawada ====================================================== REWAT PASWAN Son of Late Jago Paswan R/V- Chhotaki Marhal, P.sPakri, Barawan Dist- Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Srivastav For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-09-2023 Heard the learned counsel for the petitioner as well as learned APP for the state.

2. This application has been filed to set aside the order dated 22.11.2022 passed by the learned Sessions Judge, Nawada in Criminal Revision No. 24 of 2022 by which he has affirmed the order dated 28.02.2022 passed by the learned SDJM, Nawada in Pakribarawan, P.S. Case No. 114 of 2017 taking cognizance without any sufficient materials against the petitioner u/s 7 EC Act.

3. As per direction of the superior authority, the Block Supply Officer raided the PDS shop of the petitioner and found the shop closed. At the instance of Block Supply Officer the shop was opened and it was found that 18 quintals wheat in 36 bags and 39 quintals of rice in 78 bags were not distributed to

Patna High Court CR. MISC. No.4245 of 2023(2) dt.14-09-2023 2/2 the beneficiaries and the same was kept for black marketing.

4. Learned counsel for the petitioner has submitted that before the raid the petitioner was hospitalized, but subsequently he regained his health and he was discharged from the hospital at the time of raid. He has also submitted that due to his ill health condition he could not distribute the food grains to the beneficiaries.

5. The petitioner may raise his points at the time of framing of the charge.

6. With these observations, this criminal miscellaneous petition is disposed of.

(Nawneet Kumar Pandey, J) SONALI/SudhaU T