Anirudh Singh @ Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.596 of 2022 Arising Out of PS. Case No.-5 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== Anirudh Singh @ Pappu Singh Son of Raj Bihari Singh, Resident of Village - Nayka Barka Baiju Tola, Ward No. 20, P.S. - Rivilganj, District - Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Director General of Police, Old Secretariat, Bihar, Patna. 3.

The Superintendent of Police, Saran at Chapra. 4.

The Probationary Senior Deputy Collector- Cum- Additional Block Development Officer, Rivilganj, Saran at Chapra. 5.

The officer- In- Charge, Rivilganj Police Station, Saran at Chapra. 6.

The Block Supply Officer- Cum- Notified Circle Officer, Rivilganj, Saran at Chapra.

7.

The Block Development Officer, Rivilganj, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Adv.

For the Respondent/s :

Mr. Manish Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The present Cr. Writ Petition has been for quashing of F.I.R. bearing Rivilganj P.S. Case No. 05 of 2020 dated 02.01.2020 lodged under Section 7 of the Essential Commodities Act.

Learned counsel for the petitioner submits that in the said F.I.R. petitioner was shown as a seller of Jan Vitran Pranali shop bearing licence No. 76/16-17. He further submits that the said licence numbered as 76/16-17 is not in the name of petitioner, as such, the present case has been filed on frivolous grounds and, therefore, he seeks remedy from the Court to

Patna High Court CR. WJC No.596 of 2022(2) dt.27-04-2023 2/2 quash the present F.I.R.

Learned counsel for the State submits that whether licence is in the name of petitioner or not has to be verified, therefore, the petitioner may be directed to move before the Superintendent of Police in the light of order passed in the case of Surendra Singh Vs. State of Bihar and others on 09.09.2022 in Cr.W.J.C. No. 153 of 2017 with analogous cases. In this view of the matter, petitioner is directed to file representation before the Superintendent of Police, Saran at Chapra in the light of order passed in the case of Surendra Singh Vs. State of Bihar and others on 09.09.2022 in Cr.W.J.C. No. 153 of 2017 with analogous cases within four weeks from the date of passing of this order. The Superintendent of Police, Saran at Chapra is directed to do the needful and if found that licence is not in the name of petitioner then appropriate decision shall be taken for closing this case.

With the aforesaid direction, the present Cr. Writ Petition is hereby disposed off.

(Dr. Anshuman, J.) ritik/- U T