BIKASH KUMAR AGRAWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) Invoking inherent jurisdiction of this Court, the petitioner has challenged the impugned order dtd. 12/9/2014 (Annexure-1) passed in G.R. Case No. 655 of 2012 by the learned SDJM, Bolangir whereby an application under Sec. 239 Cr.P.C. filed by him seeking discharge in respect of the offence under Sec. 7 of the Essential Commodities Act (herein after referred to as "the E.C.Act") was rejected and also the entire of the criminal proceeding on the grounds stated therein.

(2.) In fact, an F.I.R. was drawn by the S.I. of police of Bolangir Sadar P.S. with regard to an incident dtd. 13/9/2012, consequent upon which, a case under Sec. 7 of the E.C. Act was registered showing the driver of the vehicle in question in which the fertilizer bags were being transported and two others as the accused persons. On completion of investigation, the local police submitted the chargesheet against the petitioner and also the driver under the alleged offence. Finally, at the stage of framing of charge, the petitioner moved the application under Sec. 239 Cr.P.C. seeking discharge but as earlier mentioned, it was rejected vide the impugned order under Annexure-1.

(3.) Heard Mr. Trilochan Nanda, learned counsel for the petitioner and Mr. P.K.Rout, learned AGA for the State.