SURENDRA SINGH SON OF LATE DEV NANDAN SINGH Vs. STATE OF BIHAR AND RAM JATAN PRASAD YADAV SON OF LATE JANAKDHARI PRASAD YADAV

JUDGEMENT

(1.) Heard learned Counsel for the petitioners, Additional Public Prosecutor for the State and Sri Tarkeshwar Prasad Verma for opposite party No. 2.

(2.) This is an application under Section 482 Cr.P.C. seeking to quash the order dated 28.11.2005 passed by learned Chief Judicial Magistrate, Sitamarhi in Runnisaidpur P.S. Case No. 239 of 1996, refusing to accept final form submitted by the police, after investigation but taking cognizance for the offence under Section 7 of the Essential Commodities Act, 1955 against the petitioners.

(3.) Short relevant facts of this case is that on the written information received through opposite party No. 2 alleging some sort of black-marketing of essential commodities against the petitioners, Runnisaidpur P.S. Case No. 239 of 1996 was instituted on 30.12.1996 for the offence under Section 7 of the Essential Commodities Act. After investigation, police submitted final form on 31.10.2004 finding the case not true, on receipt of the same notice was issued to the informant, opposite party No. 2, who appeared but by filing petition on 01.10.2005, raised no objection against outcome of the investigation and submitted to accept the same of course on the ground of amicable settlement between the parties, but the court below on perusal of the case diary findings some material against the petitioners, took cognizance in the case for the offence under Section 7 of the Essential Commodities Act, giving rise to instant application.