Etwari Kumar Jaiswal @ Etwari Chowdhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 50741 of 2012 Arising out of P.S. Case No. -65 Year- 2010 Thana -null District- SUPAUL ======================================================== Etwari Kumar Jaiswal @ Etwari Chowdhary, S/o Late Surya Narayan Choudhary alias Bucchi Chowdhary, Resident of Ward No. 12, Nagar Parishad, P.S.-Sadar, Town & District-Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. G.K. Kejriwal, Adv.

For the Opposite Party/s : Mr. Ajay Kumar, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 07-07-2015 The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 15.02.2011 passed by the Sub-divisional Judicial Magistrate, Supaul in Supaul P.S. Case No. 65 of 2010 (G.R. No. 263 of 2010).

The case of the Informant is that on the date of occurrence a Thela Vendor was found with kerosene oil and he himself stated that the rate of kerosene oil was @ Rs. 35/- per litre.

It has been submitted that in the entire case diary except the confessional statement of the Petitioner there is no other material to show that the Petitioner had ever sold the kerosene oil at a rate higher than the market price.

Patna High Court Cr.Misc. No.50741 of 2012 dt.07-07-2015 The case diary was called for to verify this fact and it is found that no one has complained with regard to the aforesaid.

Considering the same, the proceeding including the order of cognizance dated 15.02.2011 passed by the Sub-divisional Judicial Magistrate, Supaul in Supaul P.S. Case No. 65 of 2010 (G.R. No. 263 of 2010) is, hereby, set aside.

The application stands allowed.

Vikash/- (Anjana Prakash, J.) U T