Jharkhand High Court
Shailesh Kumar Patanaik ? Chhotan ... vs State Of Jharkhand on 31 October, 2012
Author: R.R.Prasad
Bench: R.R.Prasad
In the High Court of Jharkhand at Ranchi
Cr.M.P.No.1383 of 2010
Shailesh Kumar Patanaik @ Chhotan Patanaik...Petitioner
VERSUS
State of Jharkhand ............................ ........Opposite Party
CORAM: HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioner :Mr. A.K.Das
For the State :Mr.M.B.Lal, A.P.P
6 / 31.10.12. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.
This application has been filed for quashing of the entire criminal proceeding of Bahragora P.S. Case no.92 of 2008 including the order dated 26.7.2010 whereby and whereunder cognizance of the offence punishable under Section 420 of the Indian Penal Code and also under Section 7 of the Essential Commodities Act has been taken against the petitioner.
It is the case of the prosecution that when a raid was laid in the business premises of this petitioner, 20.75 quintals of wheat were found stored in the go-down. At the same place certain empty bags having marking of F.C.I were also found lying over there in which wheat was being filled up and thereby it has been alleged that this was being done for the purpose of selling wheat in black market.
Learned counsel appearing for the petitioner submits that the matter was investigated upon but during investigation, nothing could be found out by the Investigating officer that from which P.D.S dealer the wheat had been procured and that even if the entire allegation levelled against the petitioner in the F.I.R is accepted tobe true, the petitioner cannot be prosecuted in absence of allegation of contravention of any of the order issued under 3 of the Essential Commodities Act and thereby the order taking cognizance being bad is fit tobe quashed.
Having heard learned counsel appearing for the petitioner and the State, it does appear that the petitioner is being prosecuted on the allegation that 20.75 quintals of wheat were found stored in the go-down of business premises of the petitioner where certain bags having marking of F.C.I were also lying. Accepting this allegation tobe true, the petitioner in absence of allegation of contravention of any of the order issued under 3 of the Essential Commodities Act cannot be prosecuted under Section 7 of the Essential Commodities Act. So far offence under Section 420 of the Indian Penal Code is concerned, the allegation made in the F.I.R does not constitute offence of cheating as defined in Section 415 of the Indian Penal Code.
In the result, this application stands allowed.
( R.R.Prasad, J.) ND/