Madan Kumar @ Madan Choudhary vs State Of Bihar on 3 December, 2010

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.9704 of 2010
            MADAN KUMAR @ MADAN CHOUDHARY SON OF LATE TRIVENI
            CHOUDHARY, RESIDENT OF VILLAGE PATAILLI, P.S. UJIARPUR, DISTT.
            SAMASTIPUR                                     ..... PETITIONER
                                              Versus
                                      STATE OF BIHAR
                                            -----------

2. 3.12.2010 The petitioner has sought quashing of the first

information report of Ujiarpur P.S. case No.164 of 2009

instituted u/s.7 of the Essential Commodities Act.

The learned Counsel for the petitioner

submits that for 220 bags of fertilizer which did not

come within the controlled item the petitioner is being

prosecuted unnecessarily.

Since the matter is still under investigation,

this Court declines to interfere in the matter.

However, the Investigating Officer through the

Superintendent of Police, Samastipur is directed to

consider the aforesaid contentions raised on behalf of

the petitioner and conclude the investigation within a

period of next six months.

With these observations, this application is

disposed of.

Narendra/                                    ( Anjana Prakash, J. )