BIBHUTI BHUSHAN RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed under Section 482 Cr.P.C. for quashing of the first information report of Koderma P.S. Case No.549 of 2011 (G.R. No.1178 of 2011) instituted under Sections 467, 468, 471, 419, 420, 414, 406, 409 and 120B of the Indian Penal Code and also under Section 7 of the Essential Commodities Act. It is the case of the prosecution that the petitioner-a Senior Assistant Manager, got 410 bags of Rice loaded at the godown of S.F.C. Koderma on a truck on the pretext of taking it to the Godown of State Food Corporation, Markachho (hereinafter referred to be as "SFC"), but the truck instead of coming to the Godown of SFC Markachho, proceeded towards Bihar. In the way, when it was intercepted, the Driver disclosed that at the instance of this petitioner, co-accused Suresh Sao-the transporter and also the Assistant Godown Manager, SFC, Markachho, the truck loaded with Rice was being taken to Bihar instead of Godown at Markachho.

(2.) ON such allegation, the case was registered as Koderma P.S. Case No.549 of 2011 (G.R. No.1178 of 2011) under Sections 467, 468, 471, 419, 420, 414, 406, 409 and 120B of the Indian Penal Code and also under Section 7 of the Essential Commodities Act, though no allegation of commission of any forgery or even misappropriation was there. Perhaps the case was lodged under Section 7 of the Essential Commodities Act on the premise that attempt was being made to commit offence under Section 7 of the Essential Commodities Act. Mr. Nilesh Kumar, learned counsel appearing for the petitioner submits that accepting the entire allegations levelled against the petitioner to be true, no case is made out either under Section 7 of the Essential Commodities Act or under Sections 467, 468, 471, 419, 420, 414, 406, 409 and 120B of the Indian Penal Code. In this respect, learned counsel appearing for the petitioner submits that even if the allegation levelled against the petitioner is accepted to be true that it is being transported to the State of Bihar instead of taking it to SFC Godown, Markachho, it was at the stage of preparation and as such, offence never gets completed. Moreover, it can never be said that the petitioner has violated any of the provision of any of the order issued in terms of Section 3 of the E.C. Act with respect to Sale, Purchase, Storage and Transportation etc.

(3.) UNDER the circumstances, no offence, under which the case has been registered, gets attracted. Accordingly, first information report of Koderma P.S. Case No.549 of 2011 (G.R. No.1178 of 2011) instituted under Sections 467, 468, 471, 419, 420, 414, 406, 409 and 120B of the Indian Penal Code and also under Section 7 of the Essential Commodities Act, is, hereby, quashed. In the result, this application stands allowed.