Ganesh Pd. Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18038 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -SAHAR District- BHOJPUR =========================================================== Ganesh Pd. Gupta, son of Late Satya Narayan Pd. Gupta, Resident of VillageSahar, P.S.- Sahar, District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. B. P. Pandey, Sr. Advocate Mr. Awadesh Kumar Mishra, Advocate Mr. Ajay Kumar, Advocate For the State : Mr. Mukesh Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 03-08-2017 Heard Mr. B. P. Pandey, learned Senior Advocate for the petitioner and learned Additional Public Prosecutor for the State. 2.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing of the first information report of Sahar P. S. Case No. 87 of 2016 registered under Sections 7 of the Essential Commodities Act. 3.

It has submitted by the learned Senior Advocate for the petitioner that the shop of the petitioner was verified in his absence and, hence, the points favourable to the petitioner could not be considered by the police before instituting the FIR. He has submitted that a direction be issued to the investigating officer to look into the documents, which are in possession of the petitioner so that his innocence in the matter may be proved.

4.

On query made by the Court, he has submitted that he is

Patna High Court Cr.Misc. No.18038 of 2017 dt.03-08-2017 not aware as to whether or not the investigation of the case has come to an end.

5.

I have perused the first information report. The allegations made therein do attract the ingredients of the offence alleged.

6.

Since the allegations made in the FIR constitute ingredients of the offence punishable under Section 7 of the Essential Commodities Act, I do not think it proper to issue any direction to the investigating officer to hold investigation in the case in any particular manner for the simple reason that to hold investigation into a cognizable offence is the statutory right of the police and at this stage the Court has no role to play.

7.

In that view of the matter, I see no merit in this application. It is dismissed, accordingly.

8.

However, if so advised, the petitioner would be at liberty to adduce evidence in his defence at appropriate stage of the proceeding before the trial court.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.08.2017 Transmission Date 04.08.2017