Patna High Court
Kameshwar Singh vs The State Of Bihar on 8 May, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26066 of 2023
Arising Out of PS. Case No.-193 Year-2020 Thana- ARA MUFFSIL District- Bhojpur
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KAMESHWAR SINGH Son of Late Jagdish Singh R/o Village- Piparahiya
P.S.- Ara Mufassil, Dist- Bhojpur. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Block Supply Officer, Ara Sadar, Ara, Namely Rajani Kant Ojha Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr.Parmeshwar Mehta, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 08-05-2025
Heard learned counsel appearing on behalf of the
parties.
2. The present application has been filed for quashing
the order dated 22.09.2022 passed by the learned S.D.J.M.,
Bhojpur at Ara in G.R. No. 55/2021, whereby and where under
the petition filed under Section 239 Cr.P.C. (discharge) by the
petitioner dated 30.03.2022 was heard and rejected without
considering the fact that petitioner's was not a P.D.S. dealer at the
time of lodging FIR for the offences punishable under Section 7 of
Essential Commodities Act.
3. Prosecution case in brief is that on 24.6.2020,
villager of Piparahiya gave a telephonic information to the local
police station that one Bishnu Gupta who is going with Luna
vehicle loaded the grain bags deposed that he purchased the rice
Patna High Court CR. MISC. No.26066 of 2023 dt.08-05-2025
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from the petitioner i.e. total of 150 Kg, which was the articles of
Essential commodities along with other bags as he is doing
business of sale and purchase of food grains. Thereafter some
other villagers called by one Mantu Yadav, who supported their
version and thereafter local police was intimated about the same.
S.D.O. Sadar, Ara arrested Bishnu Gupta alongwith articles with
Luna vehicle and took away to the Police Station after making
seizure-list in presence of two independent witnesses.
4. It is submitted by learned counsel appearing for the
petitioner that the present case instituted on instance of witnesses
of Ara (Mu) P.S. Case No. 106/2020 lodged by this petitioner
under Sections 341, 323, 372, 354, 427, 504, 506, 34 of the
Indian Penal Code (in short 'IPC). It is submitted that apparently
this case was lodged with ulterior and oblique motive to settle
score in aforesaid case against petitioner. In this context, it is
further submitted by learned counsel that the seized vehicle
loaded with grains was not seized from the shop of the petitioner
rather on way and from possession of one Bishnu Gupta. It is
pointed out that the dealership of the petitioner was suspended
much prior to lodging this case and therefore at the relevant point
of time petitioner was not a PDS dealer and, as such, institution of
present case is bad in eyes of law against him. It is further
Patna High Court CR. MISC. No.26066 of 2023 dt.08-05-2025
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submitted that the licence of petitioner was cancelled on
04.05.2020
, whereas the present case was lodged on
24.06.2020. It is also pointed out that the implication raised on
the basis of shortage of wheat which was said to about 1.5
quintals only. In this context, it is submitted that wheat is no more
in the list of essential commodities as per government notification
i.e. State Government on 17.10.1985 vide GSR No. 49.
However later on through GSR No. 57 dated 10.11.1986.
5. In view of the aforesaid, it is submitted that all such
legal positions and documents on record, which is of sterling
nature was not considered while rejecting the prayer of petitioner
as pressed before the learned trial court under Section 239 of the
Cr.P.C. Learned counsel relied upon the legal report of Hon'ble
Supreme Court in the matter of State of Haryana and Ors. Vs.
Bhajan Lal and Ors., reported in 1992 Supp (1) Supreme
Court Cases 335 and State of Orissa vs. Devendra Nath
Padhi reported in (2005) 1 SCC 568.
6. Learned APP opposed the prayer of quashing
application.
7. It would be apposite to reproduce para 102 of the
Bhajan Lal's case (supra), which reads as under:
"102. In the backdrop of the
Patna High Court CR. MISC. No.26066 of 2023 dt.08-05-2025
interpretation of the various relevant provisions of
the Code under Chapter XIV and of the principles
of law enunciated by this Court in a series of
decisions relating to the exercise of the
extraordinary power under Article 226 or the
inherent powers under Section 482 of the Code
which we have extracted and reproduced above,
we give the following categories of cases by way
of illustration wherein such power could be
exercised either to prevent abuse of the process
of any court or otherwise to secure the ends of
justice, though it may not be possible to lay down
any precise, clearly defined and sufficiently
channelised and inflexible guidelines or rigid
formulae and to give an exhaustive list of myriad
kinds of cases wherein such power should be
exercised.
(1) Where the allegations made in the
first information report or the complaint, even if
they are taken at their face value and accepted in
their entirety do not prima facie constitute any
offence or make out a case against the accused.
(2) Where the allegations in the first
informant report and other materials, if any,
accompanying the FIR do not disclose a
cognizable offence, justifying an investigation by
police officers under Section 156(1) of the Code
except under an order of a Magistrate within the
purview of Section 155(2) of the Code.
(3) Where the uncontroverted
allegations made in the FIR or complaint and the
evidence collected in support of the same do not
disclose the commission of nay offence and make
out a case against the accused.
(4) Where, the allegations in the FIR
do not constitute a cognizable offence but
constitute only a non-cognizable offence, no
investigation is permitted by a police officer
without an order of a Magistrate as contemplated
under Section 155(2) of the Code.
(5) Where the allegations made in the
Patna High Court CR. MISC. No.26066 of 2023 dt.08-05-2025
FIR or complaint are so absurd and inherently
improbable on the basis of which no prudent
persons can ever reach a just conclusion that
there is sufficient ground for proceeding against
the accused.
(6) Where there is an express legal bar
engrafted in any of the provisions of the Code or
the concerned Act (under which a criminal
proceeding is instituted) to the institution and
continuance of the proceedings and/or where
there is a specific provision in the Code or the
concerned Act, providing efficacious redress for
the grievance of the aggrieved party.
(7) Where a criminal proceeding is
manifestly attended with mala fide and/or where
the proceeding is maliciously instituted with an
ulterior motive for wreaking vengeance on the
accused and with a view to spite him due to
private and personal grudge."
8. It would be further apposite to reproduce para -29
of the Devendra Nath Padhi's case (supra), which reads as
under:
"29. Regarding the argument of the accused
having to face the trial despite being in a position to
produce material of unimpeachable character of sterling
quality, the width of the powers of the High Court under
Section 482 of the Code and Article 226 of the
Constitution is unlimited whereunder in the interests of
justice the High Court can make such orders as may be
necessary to prevent abuse of the process of any court
or otherwise to secure the ends of justice within the
parameters laid down in Bhajan Lal case [1992 Supp
(1) SCC 335]".
9. In view of aforesaid factual and legal submissions
Patna High Court CR. MISC. No.26066 of 2023 dt.08-05-2025
that admittedly as per notification dated 10.11.1986, wheat is no
more in the category of essential commodities, where admittedly
on the date of lodging FIR, the petitioner was not the PDS dealer,
the ulterior and oblique motive as submitted above cannot also be
denied behind lodging this case.
10. Considering the aforesaid aspects, it appears that
the case of the petitioner covered under golden guideline nos. 1, 6
and 7 of Bhajan Lal's Case (supra), accordingly, order dated
22.09.2022 passed by the learned S.D.J.M., Bhojpur at Ara in
G.R. No. 55/2021, is hereby set aside and quashed qua petitioner
with all its consequential proceedings.
11. Accordingly, present quashing petition stands
allowed.
12. Let copy of this order be sent to the trial court,
without delay.
(Chandra Shekhar Jha, J)
veena/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.05.2025
Transmission Date 09.05.2025
