Patna High CourtCR. MISC./15803/2015dismissed

Jaibrata Chatterjee@ Jaiwrate Chatterjee v. The State Of Bihar

2019-06-17Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15803 of 2015 Arising Out of PS. Case No.-275 Year-2013 Thana- KHAGAUL District- Patna ====================================================== Jaibrata Chatterjee @ Jaiwrate Chatterjee son of Prabhat Kumar Chatterjee, resident of Chatterjee Store, Dalluchak, P.S.- Khagaul, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jharkhandi Upadhyay, Advocate For the Opposite Party/s :

Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief: "That this is an application for quashing the order dated 07.02.2015 passed by learned S.D.J.M., Danapur in connection with Khagaul Police Station Case No. 275 of 2013 whereby and where under discharge petition of the Petitioner under Section 239 Cr.P.C. is being rejected."

3. The allegation against the petitioner is that due to rumour of there being shortage of salt, he being the owner of a small shop was selling salt at the rate of Rs. 60/- per kg.

Patna High Court CR. MISC. No.15803 of 2015 dt.17-06-2019 2/2

4. Learned counsel for the petitioner submitted that wrongly the police has submitted charge sheet as it is based only on hearsay witness evidence.

5. Learned APP submitted that whatever evidence has come before the police, on the basis of which charge sheet has been submitted, can only be looked into at the time of trial.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court does not find any error in the order impugned. Accordingly, the application stands dismissed.

7. It goes without saying that whatever steps/application the petitioner may file before the Court below, in accordance with law, shall be considered and disposed off on its own merits without being prejudiced by the present order.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T