NAGENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has filed this application under 5ection 482 of the Code of Criminal Procedure (for short Cr. P.C.) for quashing the order dated 13-12-1988 passed by the learned special Judge, chhapra in Chapra Town P.S. Case No. 142188 whereby he has summoned the petitioner-accused in P.S. Case No. 142- and allowed the petition for reinvestigation of the said case under Section 173 (8), Cr.P.C.

(2.) On 8-4-1988 at about 7 P.M. a written report had been given by Shri Anand Bihari Prasad, Anchal Adhikari, Sadar Chapra, to the officer-in-charge, chapra Town to the effect that on 8-4-1988 under the order of the Collector, Saran, the informant i.e. the Anchal Adhikari along with the Deputy Collector Land Reforms, Cliapra and the supply Inspector Brahmdeo Sah had raided the Coal Dump of Nagendra Singh (petitioner) at about 12.30 noon. During the raid neither the licensee nor his representatives were found in the business premises with the result that no papers for inspection were available. But on the information given by the supply Department from January, 1987 to March 1988 coal had been continuously allotted to the licensee but the petitioner has not furnished the monthly reports to the Supply Office regarding the lifting and distribution of the allotted coal and so non-submission of the monthly report from September, 1987 to March, 1988 is sufficient to establish that the coal has been sold in black-market. A copy of the First Information Report has been annexed as Annexure-1 to this petitioner.

(3.) The police investigaled the case and submitted a final form on 1-5-1988 m favour of the accused. The learned Special Judge by order dated 19-8-1988 after considering the case diary accepted the final form and the supervision note and discharged the petitioner. Against this order dated 19-8-1988 no appeal or revision appears to have been filed.