LAWS(PAT)-2004-2-72

BRAJ KISHORE PRASAD SINHA Vs. STATE OF BIHAR

Decided On February 26, 2004
Braj Kishore Prasad Sinha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) THE petitioner has filed this application under Section 482 of the Criminal Procedure Code (hereinafter referred to as the Cr.P.C.) for quashing the entire criminal proceeding including the order dated 26.6.1992, passed by the Special Judge, E.C. Act, Nawada in Special Case No. 2 of 2002 by which the cognizance has been taken under Section 7 of the Essential Commodities Act (hereinafter referred to as the E.C.Act). It appears that on 20.3.2002, on the. basis of written report of Anuj Kumar, the Executive Magistrate -cum Assistant District Supply Officer, Nawada Warsaliganj P.S. Case no.28 of 2002 was registered under Section 7 of the E.C. Act against the petitioner who was posted as Assistant Godown Manager, Nawada and 14 others, named accused persons.

(3.) ON the basis of this F.l.R. the investigation was made and after submission of the chargesheet cognizance was taken under Section 7 of the E.C.Act.