BISHWANATH MOTANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 5.1.1998 passed by the learned Special Judge ( E.C. Act), Muzaffarpur in T.R. Case No.134 of 1998 ( Town P.S. Case No.34 of 1996). By the said order, the learned Special Judge had taken cognizance of the offence under Section 7 of the E.C.Act on an allegation of contravention of the provisions of Fertilizer Control Order, 1985 and the Bihar Trade Articles (Licences Unification) Order, 1984.

(2.) Sri N.K.Agrawal, learned Senior Counsel appearing on behalf of the petitioner, while challenging the order of cognizance, submits that though in the F.I.R. allegation was made that the petitioner had not supplied fertilizer to two persons, namely, Ashok Kumar and one Aadhunik Krishi Kendra, the receipts were looked into by the Investigating Officer during the investigation, which shows that actually both persons had received fertilizers from the petitioner. He submits that despite the fact that there were no materials for prosecuting the petitioner in the case diary, the learned Magistrate only on mechanical way had taken cognizance of offence.

(3.) After noticing non-inclination by this Court to interfere with the matter, learned counsel for the petitioner sought permission to withdraw this petition with a liberty to take all pleas at the appropriate state before the concerned Court.