KRISHAN KUMAR NARSARIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned APP for the State. This quashing application under Section 482, Cr PC has been filed against the order dated 14.9.1985 by which cognizance was taken and order dated 14.4.2003/ 16.4.2003 passed in Kotwali P.S. Case No. 433/85, wher by and whereunder learned Sub -divisional Judicial Magistrate, Ranchi refused to drop the proceeding of the case.

(2.) PROSECUTION case in brief is that a case was instituted against the petitioner for violation of the provisions of Bihar Essential Commodities Act, 1977. After institution of the case the petitioner and his father filed anticipatory bail, which was granted and thereafter in the preliminary stage of investigation the petitioner filed Cr. Misc. No. 4303/85(R) but on 8.12.1988 the petitioner withdrew the application with liberty to raise the points before the trial Court and at the time of trial the points were raised but learned Court below considered those points and rejected the petition.

(3.) ANOTHER point that was taken is that no prosecution can be launched without previous sanction of the competent authority and obtaining of sanction is precondition and in this connection reliance was placed upon Mithila Cycle Centre V/s. State of Bihar (SJ), (1990) 2 PLJR 184. Paragraphs 4 and 5 of the judgment are quoted hereinbelow : "4. The learned counsel for the petitioners has submitted that there are other legal infirmities in the prosecution case the first is the lack of sanction. The proviso to Clause 6 of the Display Order reads as follows :