Harendra Kishore Singh @ Harendra Singh @ Harendra Singh vs The State of Bihar

Mandhata Singh, J.—Heard learned counsel for the petitioner and learned counsel for the State.

This application is filed for quashing the prosecution case as well as the order dated 25.4.2008 passed by the learned S.D.J.M., Sheohar at Sitamarhi in connection with G.R. No. 364 of 2006 and Tr. No. 1264 of 2008 whereby cognizance has been taken against the petitioner u/s 7 of the Essential Commodities Act.

F.I.R. is lodged in the case for non-distribution of grains among beneficiaries by P.D.S. shopkeeper, Harendra Kishore Singh. Same was thoroughly investigated by the I.O./Sub-Inspector. Final form is submitted as mistake of fact means constituting no offence fixing no liability against the petitioner even then cognizance is taken by the learned S.D.J.M.

The only points raised on behalf of learned Senior Counsel, Mr. Vindhya Keshri Kumar, is that unlike Section 190 of Criminal Procedure Code, cognizance can be taken u/s 11 of Essential Commodities Act, as being the same Special Act having special provision for cognizance. This point earlier was raised in Cr. Revision No. 1136 of 1967 decided by a Division Bench of this Court analogous with other cases reported in 1968 P.L.J.R. 36 , that was further followed by a Single Bench of this Court in Cr. Misc. No. 23737 of 2000 reported in The State of Maharashtra Vs. Ritesh Wanjari, and decided that Special Judge cannot differ with the Police Report and take cognizance of the offence.

u/s 11 of the Essential Commodities Act, 1955 which runs as follows:

Cognizance of offences. - No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in Section 21 of the Indian Penal Code (45 of 1860) [or any person aggrieved or any recognized consumer association, whether such person is a member of that association or not].

Explanation. - For the purposes of this section and Section 12AA, "recognized consumer association" means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.]

As stated above in the instance case also report in writing is submitted showing constituting no offence, so no cognizance can be taken. That is beyond the jurisdiction of the learned S.D.J.M.

Accordingly, the quashing application is allowed and the order dated 25.4.2008 passed by the S.D.J.M., Sheohar at Sitamarhi in connection with G.R. No. 364 of 2006 and Tr. No. 1264 of 2008 is quashed.