LAWS(JHAR)-2017-3-107

MOHAN PRASAD BALMIKI Vs. THE STATE OF JHARKHAND

Decided On March 23, 2017
Mohan Prasad Balmiki Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard Mr. Shekhar Prasad Sinha, learned counsel for the petitioner and Ms. Laxmi Murmu, learned A.P.P. for the State.

(2.) In this application the petitioner has prayed for quashing of the entire criminal proceedings in connection with Jorapokhar P.S. Case No. 249 of 2012, corresponding to G.R. No. 4733 of 2012, including the order dated 17.11.2013 passed by learned Judicial Magistrate, 1st Class, Dhanbad whereby and where under cognizance has been taken against the petitioner for the offences punishable u/s 414, 420, 120B of the Indian Penal Code and u/s 7 of the Essential Commodity Act.

(3.) The allegation made in the First Information Report is that an Auto Rickshaw who was intercepted carrying 38 bags of rice which was seized on the suspicion that the petitioner along with the other accused persons had indulged in selling rice in black market though it was meant for distribution under the PDS Scheme. Based on the aforesaid allegation Jorapokhar P.S. Case No. 249 of 2012 was instituted in which after investigation charge-sheet was submitted, pursuant to which cognizance was taken against the petitioner on 17.11.201