PUVELIL EAPEN EAPEN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Gaurang Jajodia, the learned counsel appearing on behalf of the petitioners and Mr. Anish Mishra, the learned counsel appearing on behalf of the respondent State.

(2.) This petition has been filed for quashing the order dtd. 23/8/2019 passed in connection with B.S.City P.S.Case No.349 of 2011, corresponding to G.R.No.1224 of 2011 whereby the learned court has directed for de-novo trial, pending in the court of learned Sub Divisional Judicial Magistrate, Bokaro.

(3.) The learned counsel appearing on behalf of the petitioners submits that the case is pending since last ten years. He further submits that the case was instituted on the basis of written report of the informant in which he has stated and alleged that pursuant to Memo No.1129 dtd. 13/9/2011, a team was constituted comprising of Executive Magistrate, Circle Inspector, Incharge Block Supply Officer for the prevention of unauthorized use of Domestic LPG Cylinders in commercial use and for this purpose, a raid was conducted in different places. On 14/9/2011 at about 10.20 hours, a raid was conducted in the New Coffee House shop under the B.S. City P.S. from where domestic LPG cylinders were recovered, the owner of the said shop was not present there hence the seizure list was prepared and a copy of that was handed over to the manager of the said shop. Later on, on 14/9/2011 at about 11.00 hours again a raid was conducted at co-operative colony in the house No.S/03 in which a hotel was situated with the name of Manpasand Sweets in which the sweets were being prepared. On this background, the FIR was lodged.