Hare Ram Singh v. The State Of Bihar Through The District Magistrate, Bhojpur At Ara And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23897 of 2015 Arising Out of PS.Case No. -103 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR =========================================================== Hare Ram Singh, son of Sri Ram Subhag Singh, resident of village-Srirampur, P.S.- Udwantnagar, District-Bhojpur, Proprietor of M/s Parmar Rice Mill situated at village-Kasap, P.S.-Udwantnagar, District-Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Bhojpur at Ara
2. The District Magistrate, Bhojpur at Ara,
3. The District Manager, State Food Corporation, Bhojpur at Ara .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 02-04-2018 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the First Information Report of Udwantnagar P.S. Case No.103 of 2015 instituted under Section(s) 406, 409, 420 Indian Penal Code and Section 7 of the E. C. Act.
A report was called for from the Court, which has been received, wherein, it has been mentioned that the case is still pending at the stage of investigation.
In the written report, it is alleged that after entering into agreement, total 15310.40 quintals of paddy was made available to the petitioner, who has a Rice Mill in the name and style of M/s Parmar Rice Mill, Kasap, Udwantnagar, for milling. Agreement was executed between the Opposite Party No.3 and the
Patna High Court Cr.Misc. No.23897 of 2015 dt.02-04-2018 2/2 petitioner. The petitioner was to handover 10,257.97 quintals of rice out of the paddy given to him, but only 5670 quintals milled rice has been given by the petitioner and 4587.97 quintals of rice has not been given by the petitioner causing loss of Rs.99,35,519.88.
It is alleged that the petitioner has misappropriated 4587.97 quintals government rice. It appears from the report of the Court below that the matter is pending before the police for investigation since 2015. The Superintendent of Police, Bhojpur, is directed to give necessary direction to the Investigation Officer of the case to conclude the investigation and submit the report in terms of Section 173 Cr. P. C. expeditiously, preferably, within a period of three months from the date of the receipt of this order. The District & Sessions Judge, Bhojpur, will communicate the order to the Superintendent of Police, Bhojpur, for proper compliance of the order.
The petitioner will co-operate in investigation. This application is accordingly disposed off. (Sanjay Priya, J) J.Alam/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 11-04-2018 Transmission Date 11-04-2018