Md. Shahab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18503 of 2014 Arising Out of PS.Case No. -139 Year- 2007 Thana -BAHADURGANJ District- KISANGANJ =========================================================== Md. Shahab Alam, son of Late Md. Rafique Alam, resident of Alamara Villa, Line Khanquah Road, Kishanganj, P.S. & Distt. - Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 13-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is an accused in Bahadurganj P.S.Case No. 139 of 2007 registered under Section 7 of the Essential Commodities Act (hereinafter referred to as the 'Act'). Petitioner seeks quashing of the order dated 23.09.2013 passed by the learned S.D.J.M., Kishanganj in the said case whereby he has dismissed the petition filed under Section 239 Cr.P.C. for discharging him from the case for reasons being the case is summary trial, so this provision is not applicable in the present case.

3. Learned counsel for the petitioner assails the impugned order on the ground that there is no notification under Section 12A of the Act with regard to L.P.G. for which the present

Patna High Court Cr.Misc. No.18503 of 2014 dt.13-09-2017 2/2 case has been registered against the petitioner and that the offence relating to L.P.G. summary trial will not be followed.

4. Contrary to that, learned counsel appearing on behalf of the State submits by filing counter affidavit and annexing Annexure-B, a notification under Section 12A of the Act issued by the State Government in the year 2003 itself which vests all Sub Divisional Judicial Magistrates with the power under Section 260(i)(c) of the Code of Criminal Procedure, 1973 for conducting summary trial of the offence relating to contravention of any order made under Section 3 of the Act .

5. Having considered the rival submissions and in view of notification dated 11.08.2003 issued by the State Government for the offence relating to violation of Section 3 of the Act is to be tried by the learned Sub Divisional Judicial Magistrate and all such cases are summary trial and the procedure of summary trial has to be followed so the trial court has rightly rejected the application under Section 239 Cr.P.C. The application stands dismissed. (Arun Kumar, J) Sujit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.09.2017 Transmission Date 23.09.2017