CHAMARULAL AGRAWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking for quashing of the proceeding in 2(c) C.C. No.2 of 2016 pending in the Court of the learned S.D.J.M., Sonepur, against the petitioner, on the ground that for the selfsame alleged incident, the petitioner has been subjected to several other proceedings at the instance of the opposite party no.2

(2.) Heard the learned counsel appearing for the parties and perused the relevant papers on record vis-'-vis the contentions raised by the petitioner vide his application at hand.

(3.) As it appears, on 21/11/2014 at about 5 p.m., the A.S.I. of Police, Tarva Police Station in course of his patrolling, detected one TATA-207 vehicle bearing registration No.OR-15-K-4997 being engaged in transportation of 11 Barrel of Kerosene oil, and since the driver of the vehicle and his two companions failed to produce valid documents in support of that transportation, FIR was lodged by the ASI of Police, and on the basis of the same, Tarva P.S. Case No.132 of 2014 corresponding to G.R. Case No.408 of 2014 was registered under Ss. 379/411/34 of IPC and Sec. 7 of the Essential Commodities Act, 1955 (for short 'the E.C. Act'), and on completion of investigation, police submitted charge-sheet in the said case against five accused persons including the present petitioner for the said offences. On the basis of the same, Tarva P.S. Case No.132 of 2014 corresponding to G.R. Case No.408 of 2014 was registered under Ss. 379/411/34 of IPC and Sec. 7 of the Essential Commodities Act, 1955 (for short 'the E.C. Act'), and on completion of investigation, police submitted charge-sheet in the said case against five accused persons including the present petitioner for the said offences. On the basis of a report being submitted by the Inspector of Supplies, Tarva, regarding seizure of kerosene oil and the vehicle by police in connection with the aforesaid case, a proceeding bearing E.C. Case No.11 of 2014 was also registered before the Collector, Subarnapur on 23/11/2014 under Sec. 6-A of the E.C. Act, and in the said proceeding order was passed by the Collector on 28/11/2014 for disposal of the seized kerosene oil. While the matter stood thus, the opposite party no.2 about one year after the aforesaid occurrence filed a complaint before the learned SDJM, Sonepur vide 2(c) C.C. No.2 of 2016 against the present petitioner (Proprietor of M/s. Shankar Galla Bhandar, Kerosene Oil Wholesaler, Sonepur) and the Manager of the said Firm, under Sec. 9 of the E.C. Act. The learned S.D.J.M. having taken cognizance of the offences under Ss. 7 and 9 of the E.C. Act against them, the present petition has been filed for quashing of the said proceeding.