BISU SAO Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner, by means of this application under section 482 of the Code of Criminal Procedure, have invoked the inherent jurisdiction of this Court with prayer to quash the order dated 16.04.2013, passed by Sub-Divisional Judicial Magistrate, Gaya, in Khisersarai P.S. Case No. 163 of 2006, Tr. No. 642 of 2012, whereby accusation has been explained to the petitioner in a case registered under section 7 of the E.C. Act.

(3.) The contention of the learned counsel for the petitioner is that the present prosecution has been instituted with mala fide intention for the purposes of harassment. As a matter of fact, petitioner at no point of time was found dealing in kerosene oil. Nothing has been recovered from his possession.