Patna High CourtCR. MISC./10590/2013dismissed

Sagar Lal Ray v. The State Of Bihar

2015-05-14Mr. Justice Gopal Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 10590 of 2013 Arising out of P.S.Case No.-79 Year-2012 Thana-BAUSI District- ======================================================

1. Sagar Lal Ray, Son of Late Aam Lal Roy, Resident of Village - Tarabari, P.S. - Baisi, District - Purnea .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner :

For the Opposite Party :

====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 14-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

This petition is directed against the order dated 22.06.2012, passed by Sub-Divisional Judicial Magistrate, Purnea in Baisi P.S. Case No. 79/12 by which cognizance of the offence under Section 7 of the E.C. Act has been taken against the petitioner.

The allegation against the petitioner is that the beneficiaries of the Public Distribution System were complaining that the PDS Dealer has not given them the kerosene oil for the month of February, 2012 and black-marketing of kerosene oil and it was found that from the perusal of the coupon produced by the beneficiaries the kerosene oil has not been supplied. The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.10590 of 2013 (2) dt.14-05-2015 the beneficiaries have got their names involved twice and thrice and they have falsely been implicated in this case. However, the submission of the learned counsel for the petitioner is a defence set up by him, which can only be seen or tested at the trial or at subsequent stage and not at this stage. However, going through the First Information Report, prima facie makes out an offence and hence, I do not find any merit to interfere with the order impugned. The learned counsel for the petitioner submits that he may be granted leave to raise the issue afresh at appropriate stage. Hence, this petition is dismissed with liberty to the petitioner to raise the issue at the appropriate stage.

Kundan (Gopal Prasad, J.) U T