SHANKAR KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) This application under Sec. 482 Cr.P.C. has been filed to quash the order of cognizance dated 18.1.2006 passed by Sri S.N. Mishra, Judicial Magistrate, 1st Class, Sikrahna at Motihari in Trial No. 3008 of 2006 thereby and thereunder cognizance under Sections 304, 323, 504 and 406 I.P.C. has been taken against the petitioners.

(3.) It appears from the record that on the relevant date, petitioner no. 1, Shankar Kumar Jha was Sub Divisional Agriculture Officer, Sikrahna at Motihari and petitioner no. 2 is his driver. Opposite party no. 2, Shankar Singh is a licensed Fertilizer Dealer. It further appears that on 27.11.2005, the petitioner no. 1 searched the business premises of the opposite party no. 2 and found certain irregularities. The bags of fertilizers were also handed over to the opposite party no. 2 on Zimmenama. Thereafter, after observing other legal formalities etc., the petitioner no. 1 filed an F.I.R. against the opposite party no. 2 in which the opposite party no. 2 has been prosecuted under Section 7 of the E.C. Act alongwith other Sections.