Umesh Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.37528 of 2012 (4) dt.07-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37528 of 2012 ======================================================

1. Umesh Sah S/O Jagdish Sah Resident Of Village- Lakhminia, Police Station- Saur Bazar, District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 07-05-2015 Heard.

The petitioner was arrested from the premises from where the kerosene oil meant to be supplied under the public distribution system was seized.

The submission is that he is not a PDS dealer. The quashing of the FIR is an extra ordinary judicial act which could not be resorted to at the very initial stage of investigation because the police has the statutory right and duty both to investigate the case and fix the responsibility.

Petition lacks merit and the same is dismissed. (Dharnidhar Jha, J) B.Kr./- U T