Cr. M.P. No. 794 of 2005. Case: Praveen Kumar Lall Vs The State of Jharkhand and Ors.. Jharkhand High Court
| Case Number | Cr. M.P. No. 794 of 2005 |
| Counsel | For Appellant: P.P.N. Roy, Sr. Advocate and Pragati Prasad, Advocate and For Respondents: A.P.P. |
| Judges | Harish Chandra Mishra, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Section 482; Essential Commodities Act, 1955 - Sections 3, 7; Indian Penal Code 1860, (IPC) - Sections 120(B), 218, 379, 409, 411, 420 |
| Judgement Date | February 17, 2017 |
| Court | Jharkhand High Court |
Judgment:
Harish Chandra Mishra, J.
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Heard learned counsel for the petitioner and learned counsel for the State, as also learned counsel for the respondent No. 5.
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This application has been filed with a prayer for quashing the FIR with respect to the petitioner, in Ramgarh P.S Case No. 161 of 2005, corresponding to G.R No. 858 of 2005, wherein the petitioner has been made accused along-with the other co-accused persons for the offence under Sections 218/120-B of the Indian Penal Code and Section 7 of the Essential Commodities Act.
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The FIR was instituted by the respondent No. 5, who was then posted as Inspector of Police-cum-Officer In-charge in Ramgarh Police Station. It is alleged that no FIR was lodged against the accused persons, by the members of the raiding team and the then S.I of Ramgarh Police Station, even though during a raid on 12.9.2003, they recovered 78 bags of wheat while being loaded on a Tata-407 Mini truck, parked in front of the floor mill of the co-accused, Bijay Kumar Agrawal. The petitioner, at the relevant time, was posted as Supply Inspector of Ramgarh Town Area, and he appears to be one of the members of the raiding party. It appears from the FIR that during the raid, the said Tata-407 Mini truck was seized and four persons were apprehended and were brought to Police Station. It is stated in the FIR that on the basis of the report of Block Supply Officer, Ramgarh, given on 13.9.2003 to the Officer In-charge of the police station, stating that there was no irregularity in procurement of the wheat and no offence under the Essential Commodities Act was made out, the Officer In-charge of the Police Station released the said truck as well as four persons, apprehended during the raid. Upon further investigation in the matter the FIR was lodged by the respondent No. 5, against the persons involved in the alleged black-marketing of the wheat by forging documents, in which, the petitioner, who at the relevant time was posted as Supply Inspector of Ramgarh Town Area, has also been made accused along with the other accused persons, for the offence under Sections 218/120(B) of the Indian Penal Code and Section 7 of the Essential Commodities Act. The FIR shows that no other member of the raiding party or any police officer was made accused in the case.
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It is alleged in the FIR, that the said Bijay Kumar Agrawal had produced the receipts, showing the purchase of 80 bags of wheat and it was stated that the bags of wheat...
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