BANSHIDHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER :- This application has been filed by Bansidhar Singh, the then District Magistrate, Madhopura, under Section 482 of the Code of Criminal Procedure, praying therein for quashing the entire proceeding in criminal case bearing No. C 101 of 1994 as were the order dated 16-6-1994 passed therein, by the Chief Judicial Magistrate (Addl. Chief Judicial Magistrate), Madhopura, whereby and whereunder the learned Magistrate had taken cognizance of offence under Sections 419, 420, 468, 182, 120B and 109 of the Indian Penal Code against this petitioner and others.

(2.) The facts of the case in brief are as follows :-

(3.) Obviously the petitioner was not made accused in the F.I.R. nor charge-sheet was submitted against him. When the matter was considered by the learned special Judge, Madhepura, he vide his order dated 27-2-1994 finding that wrong description of land was given and that after enquiry by Bir Narain Mandal, the then Supply Inspector, Madhepura, the licence was granted by the petitioner as District Magistrate,Madhepura in haste so much so that on application filed on 28-10-1983 the enquiry report was submitted on 30-10-1983 and on the next date the licence was ordered to be issued, took cognizance against Shri Bhubneshwar Ojha, the then District Supply Officer, the petitioner, Shiv Dayal Bhagat, the then Head Clerk in the department, Kamleshwari Sah, an Assistant and Lalit Agrawal along with Rajendra Prasad, Proprietor of M/s. Shiv Coal Traders, Madhopura under Section 7 of the Essential Commodities Act as well under Section 3 of the Bihar Coal Control Order, 1956.