Paras Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15932 of 2015 Arising Out of PS. Case No.-121 Year-2012 Thana- GORAUL District- Vaishali ====================================================== Paras Nath Singh S/o Late Rama Singh resident of village - Goraul, P.S. Goraul, District - Vaishali at Hajipur An Ex - P.D.S. Dealer of Goraul - Bhagwanpur Panchayat, Block - Goraul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Narayan, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief: "That this application is directed for quashing the cognizance taken on 01.05.2013 by the Chief Judicial Magistrate, Vaishali at Hajipur arises out of Goraul P.S. Case No. 121 of 2012 dated 27.04.12 registered against the petitioner under section 7 of E.C. Act and pending in the court of learned Judicial Magistrate, Hajipur (Vaishali)."

3. The petitioner is alleged to have been involved in black marketeering being a PDS dealer.

4. Learned counsel for the petitioner submitted that initially show cause was issued as to why criminal case be not lodged and instead license was cancelled due to which he moved this Court in CWJC No. 717 of 2011 in which by order dated

Patna High Court CR. MISC. No.15932 of 2015 dt.17-06-2019 2/2 05.07.2011 cancelling of license was set aside with liberty to initiate fresh proceeding in accordance with law. It was further submitted that till date no proceeding has been started with regard to cancelling of license of the petitioner and in fact he is getting grains and distributing through his shop to the beneficiaries.

5. Learned APP submitted that earlier the Court had interfered in cancelling of the license on the ground that there was no show cause for such cancellation and in the order dated 05.07.2011 it has been observed that show cause was issued as to why criminal case be not instituted. It was further submitted that subsequently another show cause was issued with regard to why proceeding be not initiated against him and upon the show cause being received, considering the same, the police case has been registered.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court does not find any error in the order impugned. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T