IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.41292 of 2008
Nagendra Choubey, son of Sri Haribansh Choubey, resident of Raidhasha, Custom Chowk, PS and
District Kishanganj - Petitioner.
Versus
State Of Bihar
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2 1.8.2011 HeardMr. N.K.Agrawal, learned Senior Advocate for
the petitioner and Mr.Jharkhandi Upadhyay, learned A.P.P.
representing the State.
This appolication has been filed for quashing the
order, dated 22.11.2006 passed in Kishanganj PS Case No.
310/2000 by which cognizance has been taken for the offences
alleged to have been committed under sections 407, 409 and
120B/34 of the Penal Code.
The petitioner who is a Supply Inspector has been
made accused in this case making an allegation that he ought to
have inspected the shops more often which may have prevented
the P.D.S. dealers in committing the offences.
On the basis of the aforesaid facts another case was
also instituted against the petitioner being Kishanganj PS case No.
309/2000 which I have quashed on similar considerations.
Learned counsel for the petitioner submits that as far
as the petitioner is concerned, he has neither misappropriated or
has committed any offence with respect to the stocks provided to
the dealers. Therefore, it cannot be said that he was involved in the
said occurrence. The allegation against the petitioner is that he
ought to have inspected the shops more often to ensure smooth
2
functioning in the distribution of food grains allotted to the P.D.S.
dealers. At most it can be said that it is dereliction of duty.
However, it may be noted that unless there is a complaint
received by the Supply Inspector, regarding short supply or any
offence, which would come within the purview of the Essential
Commodities Act and then alone, he could have taken any steps
in the matter. As such this court finds that the implication of the
petitioner in the present case is unwarranted on a bare reading of
the First Information Report.
I accordingly quash the impugned order. This
application is allowed.
haque ( Sheema Ali Khan, J.)