IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32997 of 2008
Dinesh Kumar Sao @ Dinesh Sao, son of Late Parmeshwar Sao, Mohalla Rajendra Nagar,
Nawada, PS and District Nawada - Petitioner.
Versus
State Of Bihar
4 15.7.2011
Heard learned counsel for the parties.
I.A. No. 1444/2011 has been filed in this application
for quashing the order of cognizance, dated 21.10.2008 passed in
Nawada PS Case No. 161/2001 by the Judicial Magistrate, 1 st
class, Nawada. The interlocutory application is not on record.
Office is directed to put the same on the record of this case.
The allegation in the First Information Report is that
29 bags of Moong Dal was loaded in presence of the witnesses
which was seized by Nawada police and a case was instituted
under section 414 of the Penal Code and section 48 of the Bihar
Agriculture Marketing Act.
During investigation it did not appear that the Moong
Dal was stolen property and without any evidence to the effect that
the Dal was stolen property, the case cannot proceed under section
414 of the Penal Code.
The fact that Moong Dal was loaded on a truck does
not by itself constitute the offence. In order to commit the offence
under the Bihar Agriculture Marketing Act or under any other Act,
there must be definite allegation that the Dal had been loaded for
some ulterior purpose or in contravention of the provisions of the
Bihar Agriculture Marketing Act. Merely stating that it is
punishable under section 48 of the aforesaid Act does not by itself
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complete an offence.
In the circumstances this court finds that no case is
made out under section 414 of the Penal Code as well as section
48 of the Bihar Agriculture Marketing act. The order of
cognizance, dated 21.10.2008 is hereby quashed.
This application is allowed.
haque ( Sheema Ali Khan, J.)