MD.ISHRAIL ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the entire criminal proceeding of Jaridih P.S. Case No. 3 of 2012 (G.R. No. 39 of 2012) including the order dated 3.7.2012 whereby and whereunder, cognizance of the offences punishable under Sections 419 and 420 of Indian Penal Code as well as under Section 7 of the Essential Commodities Act has been taken against the petitioner.

(2.) It is the case of the prosecution that the petitioner, a dealer, under the public distribution scheme lifted 135.60 quintal of rice from the SFC godown for its distribution among the beneficiaries but he did not distribute the rice @ 40 Kg. per person and, therefore, the villagers had made complain to the informant. On receiving such complain, the informant-Circle Officer, Jaridih was asked to make inquiry. During that course, when he inquired from the petitioner he said that he has already distributed the rice among the card-holders but the card holders who had assembled there started saying that they have not received the rice and without distributing the rice the petitioner has made entries in the register of receiving rice by them. When the stock register was verified, it was found that the entries have been made with respect to distribution of rice to the card holders and even LTI were affixed against the names of card holders but those card holders had never put LTI after receiving commodities from the shop.

(3.) On such allegation, a case was registered as Jaridih P.S. Case No. 3 of 2012 for the offences punishable under Sections 419 and 420 of Indian Penal Code as well as under Section 7 of the Essential Commodities Act. Upon submission of charge-sheet when cognizance of the aforesaid offences was taken against the petitioner vide order dated 3.7.2012 it was challenged before this Court.