IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.40302 of 2008
Jai Kant Mishra, T.A.-I, Son of late S.R. Mishra, Food Corporation of India, Paddy Procurement
Centre at Vyapar Mandal, Daudnagar, Resident of C.D. Colony, Jhumari Tilaiya, PS Jhumari
Tilaiya, District Kodarma, Jharkhand ---- Petitioner
Versus
1. The State Of Bihar.
2. The Food Corporation of India through its District Manager, Gaya Md. Ali Raja, Son of
late Abdul Quiyam, North Church Road, Gandhi Maidan, Gaya ---- Opposite Parties.
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2 26.7.2011 This application has been filed on behalf of an employee of
the Food Corporation of India, Paddy Procurement Centre at Vyapar
Mandal, Daudnagar for quashing of the order dated 13.2.2007 arising
out of Daudnagar PS Case No. 189 of 2004. Cognizance has been taken
under Sections 409, 426, 427, 451 and 120(B) of the Indian Penal Code.
After investigation it is found that the petitioner was responsible for
procurement of large stocks which were kept unused due to acts and
ommissions of the petitioner.
On behalf of the petitioner, it has been submitted that he is
not responsible for retaining the stock and as such, he has been wrongly
made an accused in this case.
The points raised on behalf of the may be raise at the
appropriate stage. For the purpose of cognizance, this Court has only to
examine whether there is a prima facie case made out against the
petitioner. In the facts aforesaid, I find no illegality in the order
impugned.
This application is thus, dismissed.
Sanjay (Sheema Ali Khan, J.)