Shri Narayan Sharma Salil @ Shrinarayan Sharma Salil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12608 of 2022 Arising Out of PS. Case No.-320 Year-2021 Thana- AMARPUR District- Banka ====================================================== Shri Narayan Sharma Salil @ Shrinarayan Sharma Salil Son Of Devnarayan Sharma Resident Of Village- Bhikhanpur, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Ashok Das Son Of Sideshwar Das Resident Of Village- P.O. And P.S.- Sher Ghati, District- Gaya, The Block Co- Operative Officer Amarpur, Police Station- Amarpur, District- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-07-2023 Heard the parties.

2. This is an application for quashing of F.I.R. of Amarpur P.S. Case No. 320 of 2021 dated 28.06.2021 registered for the offences under Sections 188/406 of the I.P.C.

3. As per the F.I.R., the informant namely Ashok Das, the Block Cooperative Officer, Amarpur received an oral order from District Co-operative Officer, Banka to register an FIR against the chairman of Bhikhanpur PACS namely

Patna High Court CR. MISC. No.12608 of 2022(2) dt.19-07-2023 2/3 Shrinarayan Sharma "Salil" as he has not purchased 616.93 quintals paddy crops from 14 farmers. He further stated that on 09.02.2021 the District Co- operative Officer, Banka received a complaint from farmers of Bhikhanpur PACS about non purchase of paddy crops from them upon which the informant handed over a letter to the chairman on 11.02.2021 regarding purchase of paddy crops from the farmers even then paddy crops had not been purchased from them. Thereafter on complaint of farmer a letter was also handed over to the PACS manager namely Ajit Kumar Sharma regarding purchase of paddy crops, even then the same has not been purchased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has not committed any offence.

5. Learned counsel for the petitioner further submits that PACS and Vyapar Mandal were authorized to purchase paddy crops from farmers on Minimum Support Price for the Kharif Session 2020-212.

6. Learned APP has vehemently opposes the prayer of the petitioner.

7. I have heard the parties.

8. Considering the law laid down by the Hon'ble Supreme Court in the case of Neeharika infrastructure pvt Ltd.

Patna High Court CR. MISC. No.12608 of 2022(2) dt.19-07-2023 3/3 V. State of maharshtra and others (2020) 10 SCC 118 and in the case of State of Bihar vs P.P. Sharma 1992 Supp (1) SCC 222, this application is dismissed.

(Sandeep Kumar, J) Shishir/- U T