RAMJEE PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, a dealer under the Public Distribution System, who alongwith the Block Supply Inspector has been arrayed as accused has prayed for the quashing of the order dated 31.1.2007, passed by Sri Upendra Kumar, Judicial Magistrate, First Class, Sitamarhi, in Protest-cum-Complaint Case No. C1-1462 of 2005 whereby having found a prima facie case to have been made out under Sections 323 and 504 IPC as also Section 7 of the Essential Commodities Act (hereinafter referred to as "the E.C. Act"), has requested the learned Chief Judicial Magistrate, Sitamarhi, to recall the file and send it to the Special Court for E.C. Act for trial.

(2.) IT appears that one Rambabu Patel, a busy body, had initially filed a complaint case alleging inter alia that the petitioner since 1998 was not distributing grains and kerosene oil to the beneficiaries and by illegally obtaining signatures of the consumers he was selling the grains and kerosene oil in the black market. IT is further alleged that the complainant being one of the customers of the petitioner's shop had complained to the authorities regarding the non-supply for which was threatened and assaulted.

(3.) DUE regard being had to the facts and circumstances of the case and the discussion made above, prosecution of the petitioner herein would amount to an abuse of process of the Court and the same cannot be sustained in the eye of law.