Lakhan Lal Modi @ Lakhan Lal Barnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45476 of 2022 Arising Out of PS. Case No.-76 Year-2020 Thana- CHANDRAMANDI District- Jamui ====================================================== Lakhan Lal Modi @ Lakhan Lal Barnwal Son Of Not Given In The Petition R/O Village- Chandramandih, P.S. And P.O.- Chandramandih, Dist.- Jamui (BIHAR) ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

The S.D.O., Jamui Bihar 3.

The Block Supply Officer, Chakai Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jharkhandi Upadhyay For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-06-2023 Heard the parties.

This application has been filed on behalf of the petitioner for quashing the order dated 05.08.2021 passed by SDJM, Jamui in connection with Chandra Mandi P.S. Case No. 76 of 2020.

It has been contended by the learned counsel for the petitioner that this petitioner has also moved this Court in C.W.J.C. No. No. 8269 of 2021 for quashing the order dated 30.06.2020 passed by SDO, Jamui by which the license of the PDS Shop of the petitioner was suspended.

The writ petition has been allowed on 26.10.2021.

Patna High Court CR. MISC. No.45476 of 2022(2) dt.20-06-2023 2/2 Learned counsel for the petitioner further submits that this FIR has been filed because of the same transaction by the SDM who had suspended the license of the petitioner and once the order of suspension of the license of the petitioner has been quashed, the FIR, on the basis of a complaint of the SDM, on the same facts cannot continue.

Considering the aforesaid facts, this application is allowed.

Accordingly, the order dated 05.08.2021 passed by SDJM, Jamui in connection with Chandra Mandi P.S. Case No. 76 of 2020 and entire consequential proceedings of the FIR bearing Chandra Mandi P.S. Case No. 76 of 2020 is hereby quashed.

(Sandeep Kumar, J) Vikas/- U T