Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9636 of 2021 Arising Out of PS. Case No.-74 Year-2018 Thana- AWTARNAGAR District- Saran ====================================================== 1.

REKHA DEVI Wife of Lal Babu Singh Resident of Village - Jhaua, P.S.- Awatar Nagar, District - Saran at Chapra 2.

Lalan Singh Son of Late Kailash Singh Resident of Village - Jhaua, P.S.- Awatar Nagar, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-03-2025 Heard the parties including the learned APP for the State Shri Shyam Kr. Singh.

2. This application has been filed on behalf of the petitioners for quashing the cognizance order dated 06.11.2019/27.11.2019 passed by learned SDJM, Saran at Chapra in Tr. No. 2614 of 2020 arising out of Awatar Nagar P.S. Case No. 74 of 2018 / G.R. No. 4306 of 2018.

3. The brief facts of the case is that an enquiry was conducted under the direction of District Magistrate by the enquiry team on 21.05.2018. In the enquiry, the PDS Shop of the petitioners was inspected and the same was found closed. Again the PDS shop of the petitioners was inspected on 22.05.2018 by the Sub-Divisional Officer and again the PDS shop of the petitioners was found closed and it has also been alleged that the petitioners have not provided any documents related to the PDS shop and they are indulged in the black

Patna High Court CR. MISC. No.9636 of 2021(4) dt.18-03-2025 2/3 marketing of the subsidized food grains.

4. It has been submitted by the learned counsel for the petitioners that all the allegations levelled against them is false and fabricated and the Block Supply Officer, Dighwara, on presumption, has suspended the license of the PDS shop and the case was registered against the petitioners and other accused persons.

5. It has further been submitted by the learned counsel for the petitioners that the during the course of inspection on the very first day i.e. on 21.05.2018, the petitioners were present and there was no irregularity in the shop of the petitioners and on 22.05.2018, the petitioners have also distributed the food grain till 8:30 A.M. and thereafter they have gone to Dighwara for depositing the amount in account of Bihar State Food and Civil Supplies Corporation Limited, Chhapra in Bank of India, Dighwara for lifting the food grain for June 2018.

6. Learned counsel for the petitioners has further submitted that during the course of investigation, neither the villagers nor consumers of the petitioners have stated about any irregularity in the PDS shop of the petitioners.

7. Learned counsel for the petitioners has further

Patna High Court CR. MISC. No.9636 of 2021(4) dt.18-03-2025 3/3 submitted that the SDO, Sonepur has suspended the license of the petitioners vide Memo No. 266 dated 26.05.2018 but in the light of the Letter dated 16.08.2018, the suspension of the license of the PDS shop of both the petitioners have been revoked by the SDO, Sonepur.

8. I have gone through the impugned order and also perused the materials available on record.

9. From the letter dated 16.08.2018, written by the Block Supply Officer, Saran, this Court is of the view that no offence is made out against the petitioners and the continuance of the prosecution of the petitioners will be abuse of the process of the Court.

10. Accordingly, this application is allowed and the cognizance order dated 06.11.2019/27.11.2019 passed by learned SDJM, Saran at Chapra in Tr. No. 2614 of 2020 arising out of Awatar Nagar P.S. Case No. 74 of 2018 / G.R. No. 4306 of 2018 is hereby quashed.

(Sandeep Kumar, J) Vikas/- U