Santosh Sah vs The State Of Bihar
2023 Latest Caselaw 5078 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.25591 of 2017
     Arising Out of PS. Case No.-133 Year-2006 Thana- BRAHMPUR District- Buxar
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Santosh Sah, Son of Ishwari Sah @ Ishwari Pd. Sah, Resident of Village- Kant, P.S.- Brahampur, District- Buxar, Bihar.

... ... Petitioner/s Versus The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudha Chandra, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT Date : 05-10-2023

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

2. The learned counsel for the petitioner submits

that the present quashing application has been filed seeking

quashing of the entire criminal proceedings arising out of

Brahampur P.S. Case No. 133 of 2006, G.R. No. 1318 of 2006,

pending in the Court of learned Sub-Divisional Judicial

Magistrate, Buxar. The learned counsel for the petitioner before

making submissions on merits of the case submits that the F.I.R.

was instituted on 14.08.2006, thereafter, police after

investigation submitted charge-sheet on 07.10.2006, the learned

Trial Court took cognizance of the offences on 10.10.2006 and

thereafter, charges were framed on 15.12.2006. The learned

counsel submits that from bare perusal of the dates as recorded Patna High Court CR. MISC. No.25591 of 2017 dt.05-10-2023

hereinabove, it would manifest that from the date of institution

of the F.I.R. the charges were framed against the petitioner

within four months, It is next submitted that petitioner

thereafter, was ready to face trial but not a single witness till

date has appeared in the case and the case is lingering for the

last more than 17 years. It is thus submitted that this amply

demonstrates that how willy litigants, in order to harass innocent

citizens, implicate them in false cases and when charges are

framed and trial commences neither the police nor the informant

ensure timely conclusion of the trial.

3. The learned counsel next submits that from

perusal of the allegation as alleged in the F.I.R., it would

manifest that the Block Supply Officer, Dumraon, gave a

written application to the S.H.O, Brahmapur on 14.07.2006

alleging therein that Mukhiya of Gahona (Brahmapur)

panchayat has informed that one Mahesh Lal is indulging in

black marketing of kerosene oil and one Santosh Sah

(petitioner) is apprehended with about 75 liters of kerosene oil

and thus, requested for taking proper legal action, accordingly,

the F.I.R. was instituted.

4. The learned counsel for the petitioner submits

that the allegations as alleged in the F.I.R. does not inspire Patna High Court CR. MISC. No.25591 of 2017 dt.05-10-2023

confidence for the reason that the informant, who is Block

Supply Officer, Dumraon, was not present at the place of

occurrence and the F.I.R. came to be instituted on some oral

information of the Mukhiya alleging that certain persons were

indulging in black marketing of kerosene oil and the petitioner

was apprehended by local people with 75 liters of kerosene oil,

it is next submitted that petitioner is not a P.D.S. dealer rather is

a private citizen and at best it can be alleged that he was

carrying 75 liters of kerosene oil. It is next submitted that the

F.I.R. does not disclose as to which control order was violated.

It is further submitted that no prosecution under Section 7 of the

E.C. Act could have been initiated against the petitioner, as

petitioner is not a P.D.S. dealer rather is a private citizen. The

learned counsel next submits that this perhaps explain as to why

neither the informant nor the witnesses and the police are taking

interest in getting the trial concluded, it is next submitted that

legally also the case cannot proceed against the petitioner as he

is a private person and not a P.D.S. dealer and thus, no offence

under Section 7 of the E.C. Act can be attributed against him.

5. The learned counsel next relies on an order of

this Hon'ble Court in the case of Arvind Kumar vs. State of

Bihar reported in 2014 (4) PLJR 255 wherein this Hon'ble Patna High Court CR. MISC. No.25591 of 2017 dt.05-10-2023

Court, on a similar fact that the petitioner of the said case being

a private person cannot be proceeded under Section 7 of the

E.C. Act, quashed the entire proceeding.

6. Mr. Jharkhandi Upadhyay, learned A.P.P. for the

State, opposes the quashing application.

7. Considering the submissions made by the

learned counsel for the petitioner, the entire proceedings arising

out of Brahampur P.S. No. 133 of 2006, G.R. No. 1318 of 2006,

pending in the Court of Sub-Divisional Judicial Magistrate,

Buxar, is hereby quashed.

8. The quashing application is thus allowed.

(Satyavrat Verma, J) Nilmani/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          11.10.2023
Transmission Date       N.A.