Pawan Nayak v. The State Of Bihar, Through Its Secretary, Home Deptt., Govt. Of Bihar, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.38 of 2022 Arising Out of PS. Case No.-260 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== Pawan Nayak S/o Late Satya Narayan Nayak Resident of Sanghat Chowk, P.S.- Madhepur, District- Madhubani.
... ... Petitioner/s
Versus
1.
The State of Bihar, through its Secretary, Home Deptt., Govt. of Bihar, Patna. Bihar, Patna.
2.
The District Magistrate, Madhubani Madhubani. 3.
The Sub Divisional Magistrate, Jhanjharpur, Madhubani. Madhubani. 4.
The Block Supply Officer, Jhanjharpur, Madhubani Madhubani. 5.
The S.H.O. of Police Station, Jhanjharpur, Madhubani. Madhubani. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner :
Mr.Vijay Anand, Advocate For the Respondent/s :
Mr.Md. Nadim Seraj, GP5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
This application has been filed for quashing the FIR in connection with Jhanjharpur P.S. Case No.260 of 2021 whereby the petitioner has been made accused for the offences under Section 7 of the Essential Commodities Act and Section 420 of the Indian Penal Code.
From reading of the first information report it appears that prima facie case is made out against the petitioner and the same cannot be quashed at this stage.
This application is, accordingly, dismissed.
Patna High Court CR. WJC No.38 of 2022(2) dt.05-05-2022 2/2 Petitioner is pressing his prayer for grant of interim relief.
The interim relief cannot be granted by this Court when the main application has been dismissed. Petitioner will be at liberty to file any application for release of the food grains if remedy is available to him in law. (Sandeep Kumar, J) BT/- U T