Birju Pd. Yadav v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 481 of 2017 Lakhan Ram @ Paswan @ Lakhan Paswan Versus ..... … Petitioner The State of Jharkhand ..... … Opposite Party with Cr.M.P. No. 1180 of 2017 1. Om Prakash Sao 2. Munir Alam 3. Madan Sao 4. Udeshwar Yadav @ Udeshwar Prasad Yadav 5. Birju Yadav @ Birju Pd. Yadav Versus The State of Jharkhand -------- ..... … Petitioners ..... … Opposite Party
Legal Reasoning
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners For the State ------ : : : : ------ Mr. Anand Kumar Pandey, Advocate. Mr. Jay Shankar Tripathi, Advocate. Mr. P.D. Agarwal, Spl.P.P. Mrs. Priya Shrestha, Spl.P.P. 08/ 12.06.2024 In both the petitions, common FIR including the order taking cognizance are under challenge, that’s why, both the petitions are being heard together with the consent of the parties. 2. Heard learned counsel appearing for the petitioners and learned Spl.P.Ps. for the State in respective cases. 3. In both these petitions, prayer is made for quashing of the entire criminal proceeding including the order taking cognizance dated 09.11.2016, by which, cognizance for the offence under Section 420 read with Section 34 of the Indian Penal Code and Section 7 of the Essential Commodities Act, in connection with Bishrampur P.S. Case No. 08 of 2016 corresponding to E.C. Case No. 01 of 2016, pending in the court of learned Judicial Magistrate, Palamau. 4. The FIR was lodged alleging therein that on 29.01.2016, the informant returning after selection process of Sewika / sahayika then Idrish Hawari, the representative of local M.L.A. and one Rabindranath Upadhyay, Mukhiya of Baghmanwa Panchayat informed him that in absence of the AGM some persons including the petitioner after hatching the conspiracy have loaded 300 bags of rice in three tractors. On this information the informant visited the godown and asked the -1- persons present there that on whose direction or order they are taking the food grains in absence of the AGM, but neither they gave any reply nor produced any paper on demand. Accordingly, the three tractors loaded with the food grains were seized and the case has been registered. 5. Mr. Pandey, learned counsel appearing for the petitioner in Cr.M.P. No. 481 of 2017 submits that the petitioner has been made accused only on the basis of suspicion. He submits that the case is registered under Section 7 of the Essential Commodities Act, however, which control order has been violated by the petitioner has not been disclosed in the FIR as well as the order taking cognizance. He further submits that no case of cheating is made out against the petitioner. He also submits that the Deputy Commissioner, Palamau has constituted an inquiry committee to enquire into the matter and pursuant to that the inquiry committee has filed the inquiry report, which has been brought on record by way of filing supplementary affidavit. By way of referring the inquiry report dated 03.02.2016 contained in Annexure-2 to the supplementary affidavit, learned counsel appearing for the petitioner submits that the inquiry committee has found that the rice kept in the godown was intact, however, minor discrepancy was found. 6. Mr. Tripathi, learned counsel appearing for the petitioners in Cr.M.P. No. 1180 of 2017 adopts the argument of learned counsel appearing for the petitioner in Cr.M.P. No. 481 of 2017 and further adds that the petitioners of this case have been falsely implicated in the case. According to him, the petitioner Om Prakash Sao happens to be an authorized person to transport the foodgrains from the godown to PDS shops and his role has been assigned by the Deputy Commissioner, Palamau on 09.06.2015. He submits that in view of the direction of the Assistant Godown Manager, the foodgrains were being carried. He has also taken the stand that Section 7 of the Essential Commodities Act is not attracted, as there is no disclosure to the effect that as to which control order of the said Act has been violated by the petitioners. He further submits that rest of the petitioners have falsely been implicated in the case in absence of any particular allegation. -2- 7. On the above grounds, learned counsel appearing for the petitioners in respective cases submit that the entire criminal proceeding may kindly be quashed. 8. Mr. Agarwal, learned Spl.P.P. appearing for the State in Cr.M.P. No. 481 of 2017 and Mrs. Priya Shrestha, learned Spl.P.P. appearing for the State in Cr.M.P. No. 1180 of 2017 jointly opposed the prayer on the ground that the discrepancy was found and that’s why rightly the case was lodged and the petitioners may take all the grounds in the trial before the learned court. 9. It is an admitted position in terms of the contentions made in the FIR that the allegations are made of 300 bags of rice was being carried to some place. Pursuant to the order of the Deputy Commissioner, an inquiry committee was constituted to enquire into the matter and pursuant to that, the inquiry committee has filed the inquiry report, wherein it has been disclosed that the rice kept in the godown was intact, however, minor discrepancy was there. Thus, it is crystal clear that the allegations made in the FIR were not based on the cogent reasons. Further there is no disclosure either in the FIR or in the cognizance order to the effect as to which control order of the said Essential Commodities Act has been violated by the petitioners and considering this aspect of the matter, many cases have been quashed by this court. 10.
Decision
In view of the above facts, reasons and analysis, the entire criminal proceeding including the order taking cognizance dated 09.11.2016, by which, cognizance for the offence under Section 420 read with Section 34 of the Indian Penal Code and Section 7 of the Essential Commodities Act, in connection with Bishrampur P.S. Case No. 08 of 2016 corresponding to E.C. Case No. 01 of 2016, pending in the court of learned Judicial Magistrate, Palamau, are hereby, quashed. 11. Both these petitions are allowed and disposed of. Amitesh/- (Sanjay Kumar Dwivedi, J.) -3-