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2016 DIGILAW 194 (JHR)

Ramawatar Vijay @ Vijayvargiya @ Ramawatar Vijayvargiya v. State of Jharkhand

2016-01-25

PRASHANT KUMAR

body2016
ORDER : In this writ application, the petitioner has prayed for quashing the entire criminal proceeding relating to Sadar (Chaibasa) P.S.Case no. 58 of 2002 instituted under sections 406/409/420/411 and 120B of the Indian Penal Code read with section 7/8 of the Essential Commodities Act. 2. It is submitted by learned counsel for the petitioner that one of the co-accused namely, Shyam Sunder Agarwal had filed Cr. Misc. Petition no. 343/2003 for quashing the entire criminal proceeding against him in connection with this case. It is further submitted that a Bench of this Court after considering the arguments of both the parties allowed the said application vide order dated 06.02.2015 saying that no case is made out against the accused persons, because at the relevant time, there was no restriction in the movement of Wheat, Rice, Sugar, Edible Oil, Edible Seeds etc. It is then submitted that the present case is fully covered with the aforesaid order. Thus, the proceeding so far it relates to this petitioner may also be quashed. 3. Learned JC to SC-II after going through the FIR as well as the order dated 06.02.2015 passed in Cr.M.P. No. 343/2003 has not disputed the aforesaid submission raised by the learned counsel for the petitioner. 4. Having heard the submissions, I have gone through the records of the case and found that the case of the petitioner is fully covered by the order dated 06.02.2015 passed by a Single Bench of this Court in Cr. M.P.No.343/2003. 5. In view of the aforesaid fact and circumstance, I allow this application and quash the entire criminal proceeding in connection with Sadar Chaibasa P.S. case no. 58 of 2002 dated 02.08.2002 corresponding to G.R. No. 263/2002, pending in the court of S.D.J.M. Chaibasa, so far petitioner is concerned.