Chandra Shekhar Kanth vs The State of Jharkhand

R.R. Prasad, J.—Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. This application has been filed for quashing of the order dated 28.01.2011 passed by learned Chief Judicial Magistrate, Chatra in connection with Simaria P.S. Case No. 19 of 2010 whereby and whereunder, the cognizance of the offences punishable u/s 7 of the E.C. Act was taken against the petitioner and also against other accused.

Learned counsel appearing for the petitioner submits that it is the case of the prosecution that when three PDS Dealers were supplied food-grains (Rice) for its distribution among the beneficiaries, the PDS Dealers, instead of distributing it among the beneficiaries, got rice changed from one bag to another and then got it loaded over two trucks for being transported to elsewhere, but two vehicles were intercepted by the villagers and then the matter was informed to this petitioner, who happened to be the Supply Inspector-cum-Marketing Officer, Simaria, Chatra about the indulgence of the PDS Dealers in illegal activities of selling the food-grains in black market, but the petitioner, in stead of responding to that switched off his mobile and, thereby, it is alleged that this petitioner, in connivance with other accused persons, committed offence u/s 7 of the E.C. Act.

Upon submission of the charge sheet, the cognizance of the offence was taken on 28.01.2011, which is under challenge.

Mr. P.K. Deomani, learned counsel appearing for the petitioner submits that even taking the entire allegations to be true, no offence is made out u/s 7 of the E.C. Act so far this petitioner is concerned, as the petitioner cannot be said to have contravened any of the provisions of any order, issued u/s 3 of the E.C. Act and hence, the order taking cognizance is fit to be quashed.

Counter affidavit has been filed wherein the same fact has been reiterated, which is there in the FIR.

Thus, having heard learned counsel appearing for the parties and on perusal of the record, it does appear that the petitioner is being prosecuted for the simple reason that he did not respond to one of the villagers, who informed this petitioner about the indulgence of three PDS Dealers in illegal activities. Even if this fact is accepted to be true, the petitioner can never be said to have contravened any of the provisions of any order issued u/s 3 of the E.C. Act.

Under the circumstances, the entire criminal proceeding of Simaria P.S. Case No. 19 of 2010 (G.R. No. 160 of 2010) including the order dated 28.01.2011 is hereby quashed so far as this petitioner is concerned. In the result, this application is allowed.