Patna High CourtCR. MISC./45508/2018allowed

Shatrughana Sah @ Shatrughan Sah @ Shatrudhan Sah v. State Of Bihar And ANR

2023-04-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45508 of 2018 Arising Out of PS. Case No.-297 Year-2017 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== SHATRUGHANA SAH @ SHATRUGHAN SAH @ SHATRUDHAN SAH S/o Late Jharokhi Sah, Resident of village- Laxmipur, Tethan, P.S. Sadar, District- Dharbhanga.

... ... Petitioner/s

Versus

1. State Of Bihar

2. Rajesh Kumar S/O Prem Prasad, Resident of Mohall- Murarpur, DistrictNalanda, presently posted as Block Supply Officer-cum- Circle Officer, Sadar Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Sri Uday Chand Prasad, APP For the State :

Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

This application has been filed for quashing of the order dated 21.04.2018 passed by learned Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Sadar P.S. Case No. 297 of 2017 by which learned Magistrate has taken cognizance against the petitioner for the offence under Section 7 E.C. Act.

The prosecution case in brief is that the informant Rajesh Kumar who is a Block Supply Officer-cum-Circle Officer at Sadar Darbhanga received a confidential information that the petitioner Shatrughana Sah who is a PDS dealer is selling the food grains of the government in black market. In pursuant to the said information, the informant raided the

Patna High Court CR. MISC. No.45508 of 2018(5) dt.11-04-2023 2/2 Vehicle no. BR 7G-0211 and seized 19 bags of rice and 20 bags of wheat from the said vehicle and accordingly, this F.I.R has been lodged.

It has been submitted by learned counsel for the petitioner that for the same occurrence, the license of the petitioner was cancelled which has been subsequently restored on 15.06.2018 by the Sub-Divisional Officer, Sadar Darbhanga who is the licensing authority.

In the opinion of this Court, when the license has been restored, the petitioner cannot be persecuted for the same allegation in a criminal case,therefore, the present F.I.R. is nothing but an abuse of the process of law.

Accordingly, this application is allowed and the order dated 21.04.2018 passed by learned C.J.M, Darbhanga in connection with Darbhanga Sadar P.S. Case No. 297 of 2017 for the offence under Section 7 E.C. Act and all consequential proceedings arising out of the aforesaid F.I.R. are hereby quashed in the interest of justice.

(Sandeep Kumar, J) Harsh/ U T