MANOJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rana Vikram Singh, learned counsel appearing for the petitioner and Mr. Parmeshwar Mehta, learned A.P.P. for the State duly assisted by Mr. Shailendra Kumar Singh, learned counsel for the O.P. No. 2/B.S.F.C.

(2.) The present application has been filed by the petitioner for setting aside the order dtd. 15/12/2023 passed by 9th/3rd Additional District and Sessions Judge, Madhubani in Criminal Revision No.274 of 2023, whereby the learned trial court has affirmed the order dtd. 21/9/2023 passed by learned Sub Divisional Judicial Magistrate, Jhanjharpur and rejected the revision application of the petitioner as well as for quashing the cognizance order dtd. 21/9/2023 passed by learned Sub Divisional Judicial Magistrate, Jhanjharpur, through which learned Jurisdictional Magistrate has taken cognizance under Ss. 409, 420 and 120-B of the Indian Penal Code (in short 'I.P.C.') and Sec. 7 of the Essential Commodities Act, 1955 (in short 'E.C. Act') in connection with Ghoghardiha P.S. Case No.51 of 2019 registered for the offence punishable under Sec. 409/34 of the I.P.C. and Sec. 7 of the E.C. Act.

(3.) The prosecution, in short, that one Om Prakash, Assistant Manager of the State Food Corporation (in short "Corporation") filed a fardbeyan on 9/5/2019 before the Officer-in-Charge of Ghoghardiha Police Station stated therein that on 8/5/2019, seven trucks loaded with Custom Milled Rice (in short 'CMR') from Ghoghardih Godown were handed over to Shri Kumud Kumar Pandey, the representative of Manoj Kumar Singh (petitioner), the Logistic Contractor (Chief). It is further stated that all seven trucks loaded with 4700 bags weighing 2350 quintals of CMR were to be delivered to different godowns of the Corporation in that area but, they were not delivered within the specified time. It is further stated that the Logistic Contractor embezzled all the CMR during transportation in connivance with his representative and drivers.