IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.34092 of 2008
Ajay Kumar, Son of Nathuni Prasad Sinha, Resident of Village Dumduma Hasanpur, PS Vaishali,
District Vaishali ---- Petitioner
Versus
State Of Bihar ---- Opposite Party
For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate
Mr. D.N. Tiwary, Advocate
Mr. K.C.K. Sinha, Advocate
For the State: Mr. Jharkhandi Upadhyay, A.P.P.
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4 27.7.2011 A First Information Report registered as Hajipur PS Case
No. 456 of 2007 has been instituted by the Marketing Officer, Hajipur
on 23.8.2007 alleging that the petitioner who is a transporter had not
delivered the food grains from Muzaffarpur godown to Hajipur
godown.
Learned counsel for the petitioner refers to the case diary
and also to the fact that he had received the food grains on 19th of
August, 2007 from the B.S.F.C. godown at Muzaffarpur and was to
deliver the same by 20th of August, 2007. Due to crowds of
‘Kawariyas’ during the month of ‘Shravan’, he could not deliver the
food grains to the godown at Hajipur as the road was almost blocked.
Accordingly, he informed the District Magistrate, Hajipur regarding
the said delay. It was after two days that he was able to deliver the
food grains to the godown at Hajipur. This fact is disclosed at
paragraph nos. 20, 28 and 29 of the case diary. The Marketing
Officer, Hajipur refused to receive the same. Thereafter he informed
the S.D.O. that the food grains should be received by the informant.
The food grains was received by him on 23.8.2007 and on the same
date the Marketing Officer, Hajipur has filed this case alleging that the
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food grains had been supplied after a delay of two days.
The fact that there is a delay of two days in transportation
cannot be a ground for coming to the conclusion that the petitioner is
guilty of the offence under Sections 409, 420, 120B/34 of the Indian
Penal Code and Section 7 of the Essential Commodities Act. Infact
no offence is made out under these sections, as this is neither a case of
misappropriation or cheating nor a case where it can be said that the
petitioner is responsible for selling the food grains in black market.
In the result, this Court quashes the order of cognizance
dated 12.3.2010, passed in Hajipur Town PS Case No. 456 of 2007.
This application is allowed.
Sanjay (Sheema Ali Khan, J.)