SHASHI RANJAN MISHRA @ DHABU MISHRA, SON OF SRI BISHNUKESH MISHRA, RESIDENT OF VILLAGE + P.O. AND P.S. BISHRAMPUR, DISTRICT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) In this application, the petitioner has prayed for quashing of the entire criminal proceeding in connection with Bishrampur P.S. Case No. 33 of 2014 including the order dated 16.04.2015 as well as the order dated 21.01.2016, passed by the learned Sub Divisional Judicial Magistrate (S.D.J.M), Palamau at Daltonganj, by which cognizance has been taken under Sec. 7 of the Essential Commodities Act as well as substance of accusation for the offence under section 7 of the Essential Commodities Act (E.C. Act for short) has been explained to the petitioner.

(3.) It has been submitted by the learned senior counsel for the petitioner that institution of the FIR itself suffers from inherent defects as none of the orders have been mentioned for violation of the provision under section 7 of the E.C. Act. It has further been submitted that even in the charge-sheet as well as in subsequent order taking cognizance, nothing finds mention therein as to what order promulgated under section 3 of the E.C. Act has been followed. It has also been submitted that on mere apprehension that an offence is going to be committed, the petitioner has been made an accused and in absence of the offence have been committed, no FIR could have been instituted against the petitioner. Learned counsel submits that wordings of section 7 of E.C. Act clearly speak about violation of section 3 of the E.C. Act and in view of the said provision of law no criminal prosecution can lie and entire criminal proceeding as against the petitioner deserves to be set aside.