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2014 DIGILAW 937 (PAT)

Raja Nand Singh v. State of Bihar

2014-09-02

ASHUTOSH KUMAR

body2014
ORAL JUDGMENT Heard Mr. N.K. Agrawal, learned Senior Advocate for the petitioners, and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State. 2. The petitioners have challenged the order dated 14.02.2008, passed by the learned Chief Judicial Magistrate, Bhojpur, Ara in G.R. No. 2147 of 2007 (Tr. No. 3007 of 2008, arising out of Jagdishpur P.S. Case No. 251 of 2007), whereby cognizance has been taken against the petitioners under Sections 406, 420, 467, 468 & 471/34 of the Indian Penal Code. 3. A police officer of Jagdishpur Police Station lodged a case alleging that during the evening patrolling, a truck was found parked on the road and some persons were talking amongst themselves. Considering the activities of those persons to be suspicious in nature, the police officer, referred to above, enquired from the people, who had assembled there. It was learnt that the vehicle was loaded with fertilizers. Some of the persons, who had assembled there, were of the opinion that the fertilizers, so loaded on the vehicle, were fake. During the ongoing period of such verbal duel, it is stated that the police party arrived there. Seeing the informant with the police party, the accused persons fled away. However, on search, the vehicle was found to be loaded with bags of fertilizer, which in the estimation of the local people, was loaded in the factory of the petitioners situated at Jagdishpur. Sensing some foul play, the informant reached the factory premises of the petitioners. On such raid, it was found that in the factory premises, huge quantity of fertilizers was stored. On all such bags of fertilizer, TIN / VAT number was printed. It was further pointed out by the informant that the fertilizers manufacturing unit of the petitioners was shown as a sick unit for the purposes of seeking relief from Bihar State Financial Corporation. However, continuing with the process of manufacturing was found to be illegal by the informant. It was also alleged in the F.I.R. that many persons were made to work in the factory who were not being paid regular / sufficient wages, attracting offences under other Acts as well. On the basis of the aforementioned self-statement of the informant, a case, being Jagdishpur P.S. Case No. 251 of 2007 dated 03.08.2007 under Sections 406, 420, 467, 468, 471/34 of the Indian Penal Code, was registered for investigation. 4. On the basis of the aforementioned self-statement of the informant, a case, being Jagdishpur P.S. Case No. 251 of 2007 dated 03.08.2007 under Sections 406, 420, 467, 468, 471/34 of the Indian Penal Code, was registered for investigation. 4. The police after investigation submitted charge-sheet against the petitioners whereas some of the persons were not sent up for trial. On submission of the charge-sheet, cognizance was taken by the order dated 14.02.2008. 5. The aforementioned order of cognizance is under challenge in the present application. 6. The counsel for the petitioners submits that assuming, but not admitting, every allegation in the F.I.R. to be true, even then none of the offences of the Indian Penal Code, in which cognizance has been taken, can at all be said to have been made out. It has further been submitted on behalf of the petitioners that the petitioner no. 1 is the Managing Director of Rajendra Agro Fertilizer Private Limited whereas the other petitioners are the employees of the aforementioned fertilizer company. The company has a valid licence of manufacture of fertilizers. The company is also registered with the Industries Department of the Government of Bihar, as a sick industry. Such registration is for the purposes of rehabilitation of such sick concern and the registration is valid for a stipulated period. The company is also licensed by the Labour Department, Government of Bihar. 7. It has further been stated by the petitioners that with respect to the Certificate Case, initiated at the instance of the Bihar State Financial Corporation, a Title Suit has been filed by the manufacturing unit of the petitioners. The counsel for the petitioners is, at the moment, not in a position to state about the status of such case. However, it has been vehemently argued that if the manufacturing unit was found to be a sick unit under the Bihar State Industries Act; that by itself shall not saddle the petitioners with any criminal liability. 8. Rehabilitation of the company is one of the major objectives behind declaring a company to be sick. Welfare measures are adopted by the Government and subsidies are given for ameliorating the conditions of the distressed employees of a sick unit. 8. Rehabilitation of the company is one of the major objectives behind declaring a company to be sick. Welfare measures are adopted by the Government and subsidies are given for ameliorating the conditions of the distressed employees of a sick unit. Assuming that certain bags of fertilizer were found in the premises of the factory; that by itself would not have led to violation of any one of the provisions of the Indian Penal Code. No charge appears to have been leveled against the petitioners under the provisions of the Essential Commodities Act for violation of any one of the provisions of the Fertilizer Control Order. The narration in the First Information Report further illustrates that the raid was vindictive in nature. Areas of investigation, which are not in the domain of the local police, were also resorted to. 9. However, since none of the offences, for which cognizance has been taken, can at all be made out from the facts of this case. The order taking cognizance cannot be sustained in the eyes of law. The same is quashed. 10. The application is allowed.