MUNNU PRASAD @ MANNU PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 12.8.2008 passed by the learned Chief Judicial Magistrate, Siwan in Trial No. 2381 of 2011 arising out of Siwan Mufassil P.S. Case No. 182 of 2000 by which the learned Magistrate has taken cognizance against the petitioner and other accused persons for the offences under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code and Section 7 of Essential Commodities Act.

(2.) Heard learned counsel for the petitioner and learned counsel for the State.

(3.) Learned counsel for the petitioner has submitted that name of this petitioner has been taken by the truck Drivers who were apprehended with loaded fertilizers, as mentioned in the written report. It is alleged that four trucks loaded with fertilizers were apprehended by the informant who was District Agricultural Officer, Siwan. The name of Driver of the truck has been mentioned at Sl. Nos. 2 and 3 in the written report, as Ravindra and Anirudh. They told the informant that the fertilizers have been loaded by Challan Nos. 87 and 86 and were to be delivered to Laxmi Khad Beej Bhandar at Chapra. Learned counsel for the petitioner has further submitted that owner of the aforesaid fertilizers, has filed petition for release of fertilizers and the same have been released in their favour vide order dated 18.1.2001 passed by the learned Sessions Judge, Siwan (Annexure-6)