PAWAN KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by Pawan Kumar Gupta for quashing an order of taking cognizance dated 30-4-1981 and the entire criminal proceeding relating thereto pending in the Court of the Sub-Divisional Judicial Magistrate, Ranchi, mainly on the ground that the complaint petition does not make out any offence punishable under the law, much less under Section 7 of the Essential Commodities Act.

(2.) On the other hand, a preliminary objection has been taken by the learned counsel appearing for the State to the maintainability to this application on the ground that a similar application on the same ground and for the same relief was riled by this petitioner (Pawan Kumar Gupta) under Section 482 of the Code which was numbered as Cr. Misc. No. 1142/82 (R). In that application also the prayer of the petitioner was for quashing the very same criminal proceeding and order taking cognizance. It is the undisputed position that the earlier application was dispossed of as withdrawn. It was contended by the learned counsel appearing for the State that a fresh application under Section 482 of the Code of same relief and substantially on the same ground cannot be entertained. In support of this submission reliance was placed by the learned counsel on the decision of the Supreme Court in the case of Sarguja Transport Service v. State Transport Appellate Tribunal, Gwalior and others, AIR 1987 SC 88.

(3.) For appreciating the point taken by the learned Counsel for the State it would be useful to refer to the prayer portion of the present application as also of the earlier application [Cr. Misc. No. 1142/82(R]. In the present application the relevant portion of the prayer of the petitioner is as follows : -