MUKESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Sec. 482 Cr.P.C. with a prayer to quash the entire criminal proceeding including the order dtd. 7/8/2023 by which cognizance has been taken for the offences punishable under Sec. 379/414 of the Indian Penal Code and under Sec. 7 of the Essential Commodities Act, in connection with Bishungarh P.S. Case No. 185 of 2022, pending in the court of learned Sub Divisional Judicial Magistrate, Hazaribagh.

(3.) The brief facts of the case is that the Supply Inspector, Bishungarh, on getting information from Supply Inspector, Hazaribagh that the truck bearing Registration No. JH02-AN 8540 loaded with illegal rice has been caught, found that the rice loaded in the said truck was to be used in Public Distribution System but the same was illegally transported for the purpose of black-marketing. The petitioner no.3 was the driver of the said vehicle and he informed that the rice belonged to the petitioner no.1. No valid documents could be shown by the petitioners. The rice weighed 232.20 quintals. Upon submission of the written report, Bishungarh P.S. Case No. 185 of 2022 was registered. Police took up investigation of the case and submitted charge sheet finding the offences punishable under Sec. 379/414 of the Indian Penal Code and under Sec. 7 of the Essential Commodities Act having been committed. The learned Magistrate has taken cognizance of the offences punishable under Sec. 379/414 of the Indian Penal Code and under Sec. 7 of the Essential Commodities Act.