DILIP KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this miscellaneous application, prayer is to quash the entire proceeding under Section 7 of the Essential Commodities Act, (hereinafter referred to as the Act) arising out of Sherghati Police Station Case No. 150 of 1994, pending in the Court of the Special Judge, E,C. Act, Gaya.

(2.) THE prosecution story as alleged in the FIR, inter alia, is that the sub -divisional officer, Sherghati ordered one Rajendra Prasad Agrawal, Proprietor, Hariyali Seva Kendra, a retail dealer in fertilizer to sell 240 bags of Urea available in stock in his presence at fixed price amongst the farmers, but the dealer sold the same in the absence of the Sub -divisional Officer at higher price.

(3.) THE said Rajendra Prasad Agrawal on 2.8.1996 filed a petition for his discharge from the case and another petition was filed on 6.8.1996 by the Special P.P. under Section 319, Cr PC for summoning M/s. Hariyali Seva Kendra and the present petitioner for facing trial, upon which the impugned order has been passed rejecting the petition of accused Rajendra Prasad Agrawal and, further, making M/s. Hariyali Seva Kendra and the present petitioner also accused in the case for facing trial and issuing summons to them fixing 6.9.1996 for their appearance.