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Patna High CourtCR. MISC./52686/2019allowed

Payal Singh v. The State Of Bihar

2023-05-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52686 of 2019 Arising Out of PS. Case No.-110 Year-2017 Thana- ALAMNAGAR District- Madhepura ====================================================== PAYAL SINGH Wife of Vishal Singh R/o- Flat No. 5 B, Ashiana Palace Apartment, Boring Patliputra Road, Near Alpana Market, New Patliputra, Patna, Bihar -13, Permanent Resident of Village and Post - Alamnagar, P.S.- Alamnagar, District- Madhepura, Bihar, Proprietor M/S Shashi Raj Fuels, Alamnagar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avanish Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

This application is filed for quashing the order dated 24.12.2018 passed by the learned S.D.J.M. Uda Kishunganj, arising out of Alamnagar P.S. Case No. 110 of 2017, dated 24.05.2017 whereby the learned S.D.J.M. upon submission of charge-sheet under sections 406 and 420 I.P.C. and section 7 of the Essential Commodities Act, took cognizance of the offence alleged under sections 419 and 420 I.P.C. and Section 7 of Essential Commodities Act against the petitioner and another, putting up the matter for their appearance.

In the same F.I.R. another co-accused Subodh Kumar

Patna High Court CR. MISC. No.52686 of 2019(2) dt.08-05-2023 2/2 Purbey had approached this Court in Vide Cr. W.J.C. No. 2110 of 2017 and the application was filed for quashing of F.I.R. vide Alamnagar P.S. Case No. 110 of 2017 registered for the offence under Sections 419 and 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act. For the reasons mentioned in order dated 03.04.2023 passed in Cr. W.J.C. No. 2110 of 2017, this application is allowed.

The order dated 24.12.2018 passed by the learned S.D.J.M. Uda Kishunganj, arising out of Alamnagar P.S. Case No. 110 of 2017, dated 24.05.2017 is hereby quashed. (Sandeep Kumar, J) Sunnykr/- U T