NIJAMUDDIN @ HAFIZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed under Section 482 of the Code of Criminal Procedure forquashing the entire criminal proceeding in connection of Kanke PS Case No. 119 of 1987 for the offence under Section 7 of the Essential Commodities Act and 414 of the Indian Penal Code including the order of taking cognizance dated 5.3.1999.

(2.) THE short case of the prosecution as alleged that the Informant raided the house of the petitioner early in the morning and found 102 bags of Pora Coal lying in southern portion of the courtyard. On interrogation the petitioner did not produce any licence and as such it was suspected that the said Pora Coal was stolen one and it has been brought from Patratu side. Accordingly, FIR was registered. The police investigated the case and submitted charge -sheet against the petitioner. The learned Special Judge took cognizance by the order dated 5.3.1999.

(3.) ON the other hand, the learned APP contended before me fairly that it is true that after 12 years of the case, cognizance was taken by the Special Judge.